In this residential mortgage foreclosure action, the Appellate Division, Second Judicial Department, ruled, in accordance with M&H’s arguments, that enforcement of the Judgment of Foreclosure and the upcoming Sale should be stayed until the appeal is determined, because it was shown that the Homeowner is likely to succeed on the merits of the appeal and would be prejudiced if the Foreclosure Sale was conducted.

JPMorgan Chase Bank, National Association v Gershfeld