Majority
p. 672Joseph E. Lombardo II, Respondent, v Rory F. Fielding et al., Appellants, et al., Defendant. [639 NYS2d 483]
Contrary to the appellants’ contention, RPAPL 1371 does not bar the instant action. New York law mandates that where a debt is secured by mortgages on two properties, and foreclosure of the first mortgage leaves a deficiency, the failure to obtain a deficiency judgment bars further proceedings to foreclose the second mortgage (see, RPAPL 1371; Sanders v Palmer, 68 NY2d 180 ). This requirement, however, applies only to mort
p. 673
gages secured by property located in New York State (see, Provident Sav. Bank & Trust Co. v Steinmetz, 270 NY 129 ; Yager v Rubymar Corp., 35 Misc 2d 517 ). Here, since the previous foreclosure action concerned property located in Florida, the fact that the plaintiff did not obtain a deficiency judgment in that action does not bar the instant action, which seeks to enforce the assignment of a mortgage secured by property located in New York State.
The appellants’ remaining contentions lack merit. Copertino, J. P., Pizzuto, Friedmann and McGinity, JJ., concur.
Cases cited
- Sanders v. Palmer 68 NY2d 180 p. 672
- Provident Savings Bank & Trust Co. v. Steinmetz 270 NY 129 p. 673
- Yager v. Rubymar Corp. 35 Misc 2d 517 p. 673