Elizon DB Transfer Agent LLC v. Hungerford Building Owner (Rochester Mixed-Use Foreclosure Appeal)

A foreclosure auction of Rochester's century-old Hungerford Building, scheduled for October 29, 2026, has been stayed after the owner's attorney filed an appeal challenging the referee's report underlying the judgment. Monroe County Supreme Court Justice Daniel J. Doyle had earlier granted summary judgment of foreclosure to lender Elizon DB Transfer Agent LLC and, in September 2026, confirmed a referee's report putting the amount owed at $10,490,036.37 on an original 2022 loan of $8.25 million. The borrower entities acquired the roughly 3.4-acre mixed-use complex, long known as an artist-studio hub, in 2022 and later entered a forbearance agreement before again falling into default.

Why it matters

The case shows how a referee-computed payoff can balloon well past a loan's original face amount once default interest, fees and forbearance-period charges accrue, and confirms that in New York a confirmed referee's report and a calendared auction are not self-executing -- a borrower can still stay a scheduled sale by appealing the underlying judgment. Lenders and special servicers working out defaulted loans on older, legacy-tenanted mixed-use buildings should build appellate delay and last-minute payoff scenarios into their timeline for closing out a contested foreclosure.

Case timeline · 5 entries Latest: October 2026 — Owner's attorney files a notice of appeal challenging the referee's report, staying the scheduled sale

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