By Jonathan H. Freiberger Because there have been a number of appellate decisions interpreting RPAPL 1304, this Blog has written frequently on that topic. See, e.g., [here], [here], [here], [here], …
By Jonathan H. Freiberger As explained in prior Blog articles, a court will grant a motion for summary judgment if, upon all the papers and evidence submitted, the cause of …
By Jonathan H. Freiberger In general, to “establish prima facie entitlement to judgment as a matter of law in an action to foreclose a mortgage, a plaintiff must produce the …
By Jonathan H. Freiberger The readers of this Blog know that we frequently discuss numerous aspects of residential mortgage litigation. See, e.g., [here] and the articles linked therein. A related …
By Jonathan H. Freiberger This Blog has frequently written about numerous different issues regarding residential mortgage foreclosure. One recurring issue relates to the evidentiary proof necessary for the lender to …
By Jonathan H. Freiberger Just when you thought that there is nothing left to write about on RPAPL 1304 notices, a new case is decided with an interesting twist. Followers …
This Blog has frequently addressed evidentiary issues faced by foreclosing lenders. See, e.g., [here], [here], [here], [here],[here]. On July 21, 2021, the Appellate Division, Second Department, decided Deutsche Bank National …
This Blog has previously addressed issues surrounding various evidentiary issues faced by foreclosing mortgage lenders, among others, in proving their prima facie case on summary judgment. [HERE], [HERE], [HERE] and …
As a general rule, a corporation that acquires the assets of another company is not liable for the liabilities of its predecessor. Schumacher v. Richards Shear Co., 59 N.Y.2d 239, …
This Blog has featured numerous treatments of the procedural, substantive and evidentiary law in residential mortgage foreclosure actions. [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], and …
