Aurora Loan Services, LLC v Miller

Holding The court reversed the lower court’s dismissal of the foreclosure complaint as abandoned because the plaintiff filed a request for judicial intervention within one year of the defendant’s default. The court also granted the plaintiff’s motion to substitute the new property owner as a defendant and remitted the matter for a determination on the remaining motion branches.

The court’s words

To avoid dismissal pursuant to CPLR 3215(c), it is not necessary for a plaintiff to actually obtain a default judgment within one year of the default.

2026 NY Slip Op 05153, at the official text

The filing of a request for judicial intervention that seeks a residential mortgage foreclosure settlement conference as mandated by CPLR 3408 constitutes the taking of proceedings under CPLR 3215(c).

2026 NY Slip Op 05153, at the official text

Since the plaintiff demonstrated that it initiated proceedings for the entry of a judgment of foreclosure and sale within one year after Miller's default, it was not required to proffer a reasonable excuse.

2026 NY Slip Op 05153, at the official text