A Sound Beach couple fighting foreclosure for nearly 10 years “can finally close that chapter of their lives” now that their lender has missed court deadlines to continue the legal battle, the couple’s lawyer said Tuesday.
Fred and Theresa Tovar’s mortgage lender — originally Beneficial Homeowner Service Corp., and later U.S. Bank Trust N.A. — had until Friday to file a motion seeking permission to take the case to the state’s highest court, the Court of Appeals.
No motion has been filed, a court spokeswoman said Tuesday.
The lender could still seek an extension of time, or it could try to re-argue the case before the Appellate Division of the state Supreme Court, which last month upheld a lower-court ruling in favor of the homeowners.