Case Type
Illegal Lockout
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 10300/23
Petitioner
Harold D. Knowles
Respondent
21st Mortgage Corporation
Judge
Guthrie, Clinton J.
Decision/Order Date
2023-11-03
Posture
Trial
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
A former owner who resided in the foreclosed house after the foreclosure date maintained exclusive possession and successfully challenged an illegal lockout by the new owner. The court emphasized the need for proper legal procedures for eviction and the fact that failing to pay bills alone does not constitute abandonment. While the condition of the house suggested hoarding, it was not enough to disprove the tenant's claim of residency. Key legal points: 1) Former owners with exclusive possession are not licensees subject to eviction without due process. 2) Self-help evictions are prohibited even after foreclosure. 3) Non-payment of bills alone does not constitute abandonment.
Recommended Citation
"Knowles v. 21st Mtge. Corp." (2023). All Decisions. 1358.
https://ir.lawnet.fordham.edu/housing_court_all/1358
