Justice Robert McDonald
In this mortgage foreclosure suit, non-party Daniel Francis moved to intervene as a party-defendant. A note and mortgage were executed by Nettie Francis and assigned to plaintiff bank. Bank asserted Nettie defaulted on her mortgage, bringing the action to foreclose. In May 2010 the court declined to sign a proposed judgment of foreclosure and sale pending submission of an order showing a mandatory residential foreclosure conference was held or Nettie failed to appear for same. The court noted the bank failed to take any action since May 2010. Daniel, Nettie's husband, sought to intervene, submitting a death certificate showing Nettie died July 2010 and that since her death he has been taking care of the premises. He noted he was moving in Surrogate's Court to be appointed administrator of Nettie's estate, and sought to be named a party-defendant in this foreclosure suit. Plaintiff's counsel opposed arguing intervention should be denied as Daniel failed to include a proposed pleading setting forth the claim or defense for which intervention was sought, and that the motion was untimely. The court denied the motion noting death of a party divested the court of jurisdiction and automatically stayed proceedings in the action pending substitution of a personal representative for decedent.