
Robert A. Marsico
Partner
201-896-7165 rmarsico@sh-law.comFirm Insights
Author: Robert A. Marsico
Date: April 29, 2015

Partner
201-896-7165 rmarsico@sh-law.comIn a recent decision, the Appellate Division refused to impose liability on Bank of America, N.A. (BOA) for a slip-and-fall injury that occurred on an icy sidewalk abutting a foreclosed property. The decision in McRoy v. Eskander turned on whether the bank was considered a “mortgagee in possession.”
The plaintiff, Matthew McRoy, injured his arm when he slipped and fell on snow and ice that had accumulated on a sidewalk abutting a four-unit apartment building owned by defendant Waheed Z. Eskander. Eskander and his wife executed a note and mortgage to BOA, using the building as collateral. After they defaulted, a final judgment of foreclosure was entered in favor of BOA for $583,362.14. When the plaintiff fell, the sheriff’s sale had not yet occurred, and the building was vacant.
The plaintiff began a personal injury suit against Eskander and BOA, alleging they were negligent in maintaining the premises, including the sidewalk. According to the court’s opinion. BOA did not maintain the premises or the sidewalk, with the exception of performing yard work on one occasion. BOA did inspect the foreclosed property periodically to ensure it was vacant and paid property taxes and a water bill.
The appeals court affirmed the trial court’s order, which dismissed the case against BOA on summary judgment. The panel agreed that the mortgage lender was not liable for the plaintiff’s injuries.
The decision cited long-standing precedent in New Jersey that when the mortgagee takes the management and control of the property out of the hands of the mortgagor, the mortgagee becomes a mortgagee in possession. The Appellate Division further noted that the duty of a mortgagee in possession is that of a provident owner, which includes the management and preservation of the property. A mortgagee in possession is liable for injuries arising from its failure to perform legal duties imposed upon the owner of the property.
In this case, the appeals court concluded that there was no evidence that BOA exercised the requisite dominion and control over the premises to be deemed a mortgagee in possession. As further explained in the opinion:
“BOA never supplanted or supplemented Eskander’s control or management of the property, who chose to let the building be vacant and ignored his duties as a landowner by failing to remove snow and ice from the abutting sidewalk. But for one instance when BOA’s agent did some yard work, BOA never expended any effort to preserve or improve the premises, including the adjoining sidewalk, in any respect.”
The appeals court also found that paying the water bill and property taxes, as well as periodically verifying that the property was vacant, were undertaken to protect the lender’s collateral. Because these actions were not intended to exert any control over the management of the property, they did not convert BOA into a mortgagee in possession.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]
Author: Dan Brecher

A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program, enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]
Author: Michael J. Sheppeard

When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]
Author: Dan Brecher

The federal government has launched one of the most ambitious scientific initiatives in decades, and it will redefine how companies develop technology, manage risk, and compete. The Genesis Mission, created by Executive Order and driven by the Department of Energy (“DOE”), is intended to accelerate scientific discovery through a national AI platform that links supercomputers, […]
Author: Michael J. Sheppeard

Stablecoins Leave the Grey Zone Stablecoins were supposed to be the “boring” part of crypto: digital dollars that just work. Yet for years they have lived in a regulatory no-man’s-land, classified one day as securities, the next as commodities, and sometimes as something regulators had not even named yet. That uncertainty is finally starting to […]
Author: Bryce S. Robins

If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!