

Does a lender have the right to foreclose its mortgage if a payoff of such mortgage is made by wire transfer, but the payment does not make it to the lender’s account? A recent case heard on appeal by the New York Supreme Court Appellate Division, Second Department explored this issue, specifically looking to the language of Article 4-A of the Uniform Commercial Code, which governs “funds transfer” or what we commonly refer to as a “wire transfer” to issue its ruling.