Court Upholds Foreclosure Sale in Queens Case

A New York appellate court ruled a Queens County borrower waived her jurisdiction defense by actively litigating the foreclosure case.

Updated on Nov. 2, 2026 in Residential

Court Upholds Foreclosure Sale in Queens Case

The New York Appellate Division, Second Department, ruled that a Queens County borrower cannot vacate a Wells Fargo foreclosure judgment or set aside the property sale. The court found the borrower had waived her lack of personal jurisdiction defense by litigating without raising it first.

Why it matters

The ruling reinforces that jurisdictional objections can be lost if not raised at the outset of a case, which can leave homeowners without recourse after a foreclosure sale. For New York homeowners facing foreclosure, the decision highlights the importance of timely and proper objections in the court process.

The foreclosure action was filed in Queens County Supreme Court in March 2013, and the property sold at auction on April 9, 2019. The lower court denied motions to vacate the judgment and set aside the sale in June 2023, more than a decade after the action began.

The players

Wells Fargo Bank, N.A.

Wells Fargo Bank, N.A. is a national banking association and the plaintiff that brought the mortgage foreclosure action against the borrower.

The details

The borrower did not file a timely answer and later moved to dismiss for lack of personal jurisdiction in January 2017, which the court denied in May 2017 without an appeal. The Second Department found she had waived the defense by actively litigating before the Supreme Court without first objecting to jurisdiction, and all four justices concurred.

March 2013: Wells Fargo filed the foreclosure action in Queens County.
September 2016: The court granted Wells Fargo's motion and appointed a referee.
October 2017: A foreclosure judgment was entered.
April 9, 2019: The property sold at auction.
June 2023: The lower court denied motions to vacate the judgment and set aside the sale.

Legal Context

The decision applies CPLR 3211(a)(8), the New York rule allowing dismissal for lack of personal jurisdiction, and shows how that defense can be forfeited through conduct. It extends the principle that jurisdictional objections must be raised promptly, shaping how residential foreclosure defendants in New York must respond to complaints.

Homeowners facing a mortgage foreclosure in New York who want to challenge jurisdiction must raise that objection early, since continuing to litigate can waive it. Once a judgment and property sale are final, the path to vacating them may be closed, even years later.

The takeaway

Raise jurisdictional objections at the earliest stage of a foreclosure case, because actively litigating without raising them can permanently waive the defense. Homeowners who believe a court lacks jurisdiction over them should consult counsel before taking any other step in the case.