Deutsche Bank saves foreclosure after process server gets the wrong door
Deutsche Bank filed again that October. On October 10, 2015, a process server handed the summons, complaint, certificate of merit, and RPAPL 1303 notice to someone at the property believed to be the borrower.
It was not.
The borrower answered anyway, raising lack of personal jurisdiction. After years of competing motions, a December 2019 hearing confirmed what everyone suspected: the person served was not the borrower. The court directed Deutsche Bank to apply for more time.
The lender moved under CPLR 306-b, which gives courts discretion to extend the standard 120-day window for service. The borrower opposed and cross-moved to dismiss, arguing both defective service and noncompliance with RPAPL 1303’s notice requirements for residential foreclosures.
Suffolk County Supreme Court granted the extension. The borrower appealed.
