Shorehaven Homeowners Assn., Inc. v. Campbell

Summary

The Appellate Division, First Department, affirmed an order disallowing publication costs and attorneys' fees sought from a homeowner after the homeowner paid the full arrears under a payment agreement. The court held that the homeowner's unconditional payment redeemed the property before the foreclosure sale and that acceptance of the arrears waived the right to continue the foreclosure sale. It also held that the motion was not moot merely because the foreclosure sale had been canceled.

Holdings

1. The plaintiff's acceptance without objection of Campbell's full payment of the arrears waived any right to continue the foreclosure sale.
2. The plaintiff was not entitled to recover the purported publication costs and attorneys' fees incurred after May 12, 2025.
3. Cancellation of the foreclosure sale did not render Campbell's motion moot.

Questions Presented

1. Whether Campbell's unconditional payment of the full arrears before the foreclosure sale waived the plaintiff's right to continue the foreclosure sale.
2. Whether the payment agreement authorized the plaintiff to recover publication costs and attorneys' fees incurred after Campbell paid the arrears.
3. Whether cancellation of the foreclosure sale rendered Campbell's motion moot.

Disposition

affirmed