In *** Home Loans Servicing, L.P. v D., the Appellate Division, Second Department, addressed a long-running foreclosure action that had its origins in 2009.
The plaintiff, *** Home Loans Servicing, initiated proceedings to foreclose on a mortgage encumbering property in Jamaica, Queens, naming B.D. and V.D. among the defendants. For years, the defendants failed to respond to the complaint, and the case remained dormant until 2023, when *** Home Loans moved for a default judgment and an order of reference.
At that point, D. & D. filed a cross-motion seeking to dismiss the complaint for lack of personal jurisdiction under CPLR 3211(a)(8), or alternatively, to be granted leave to file a late answer. The Queens County Supreme Court denied their cross-motion and granted *** Home Loans' request for default judgment and reference. On appeal, the Second Department affirmed.
The appellate court found that the defendants had waived their jurisdictional defense by participating in the litigation without raising the issue in a timely fashion. Specifically, they had opposed prior motions on substantive grounds and had even sought affirmative relief, all without objecting to the court’s jurisdiction. Under New York law, such conduct constitutes an informal appearance, which confers personal jurisdiction upon the court. The court cited a line of cases reinforcing the principle that a defendant who actively litigates without raising jurisdictional objections forfeits that defense.
As for the request to file a late answer, the court held firm. A defendant seeking such relief must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense. The only excuse offered by D. & D. was the alleged lack of jurisdiction—an argument already rejected. Without a valid excuse, the court did not need to consider whether the defendants had a viable defense. Their request was denied.
The court dismissed the remaining arguments as either irrelevant in light of its findings or lacking merit.
Ignore a summons ... invite a default ....
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DECISION