Generations Bank v. Sciotti

*579OPINION OF THE COURT

Dennis F. Bender, J.

An interesting issue arose in the context of a mandatory settlement conference held in this matter. The defendant, Daniel J. Kotyk, is a son of the now deceased mortgagor, Helen Kotyk, who executed the underlying note and mortgage on or about April 11, 2007. On November 20, 2009, Mrs. Kotyk died.

It is undisputed that Mr. Kotyk was residing at the residence at the time of Mrs. Kotyk’s death and has continued to do so since that date. It is also undisputed that the plaintiff took no action after Mrs. Kotyk’s death as Mr. Kotyk continued to make the…