Nationstar Mtge., LLC v. Nuzzo

Summary

The Appellate Division, Second Department, affirmed an order and judgment of foreclosure and sale in favor of Nationstar Mortgage, LLC. The court held that title to the property vested in the devisee at the decedent's death, so the foreclosure action was properly brought against Tina Nuzzo individually and the decedent's estate was not a necessary party because no deficiency judgment was sought.

Holdings

1. The foreclosure action was properly commenced against Nuzzo in her individual capacity because title to real property devised under a decedent's will generally vests in the beneficiary at the moment of the testator's death, not at probate.
2. The decedent's estate was not a necessary party because the plaintiff did not seek a deficiency judgment.

Questions Presented

1. Whether the mortgage foreclosure action was a nullity because the decedent was not named as a defendant and Nuzzo was named individually and as proposed executor.
2. Whether the decedent's estate was a necessary party to the foreclosure action when the property had been devised to Nuzzo and no deficiency judgment was sought.

Disposition

affirmed