FORECLOSURE SALE EXTINGUISHES THE RIGHT TO REDEEM (SECOND DEPT).

The Second Department, reversing Supreme Court, determined defendant’s right to redeem had been extinguished by a foreclosure sale:

… [T]he defendant and nonparty Emmanuel Deliverance Center, Inc. (hereinafter Emmanuel), moved to vacate the judgment of foreclosure and sale, to vacate the sale of the property … , and to compel the plaintiff to accept the defendant’s offer to pay off the mortgage loan and allow her to exercise her right of redemption …

“A mortgagor or other owner of the equity of redemption of a property subject to a judgment of foreclosure and sale may redeem the mortgage at any time prior to the foreclosure sale” … . The right to redeem is extinguished as a matter of law upon the foreclosure sale, whether or not the deed has been delivered, and once the right to redeem is lost, it cannot be revived, even by court order … . Liberty Dabar Assoc. v Mohammed, 2020 NY Slip Op 03006, Second Dept 5-27-20