Lender Liable for Fire Death at Mortgaged Premises
Since when does a mortgage foreclosure beget a negligence action? For mortgage lenders it is assuredly a Kafkaesque scenario, perilous and startlingly scary: people die in a fire at mortgaged premises and a court rules that the lender can be liable for damages to the estate of the deceased. It certainly doesn't sound like a creature of real estate law or practice—not in the traditional sense that most practitioners would perceive, but it is. A new ruling says so in Lezama v. Cedano, 119 A.D.3d 479, 991 N.Y.S.2d 32 (1st Dept. 2014).