A party may not commence a legal action or proceeding against a dead person. Thus, when a mortgagor dies prior to the commencement of a foreclosure action, the action is a legal nullity, unless the action is commenced against the personal representative of the mortgagor's estate.
Federal Natl. Mtge. Assn. v. Gooch, NY Slip Op 05165 (2d Dep't September 2, 2026)
