Proof of Default in Residential Mortgage Foreclosures
- Sep 23 2022
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 …
Category: Business Records
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Second Department Decides an Issue of “First Appellate Impression” Related to the Sufficiency of an RPAPL 1304 Notice in a Residential Mortgage Foreclosure Action
- Apr 22 2022
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 …
Second Department Once Again Finds that Evidentiary Failures Regarding Lender’s Standing in Mortgage Foreclosure Action Warrant Reversal of Judgment of Foreclosure and Sale
- Mar 25 2022
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 …
Second Department Addresses the Presumption of Receipt of a Properly Mailed Letter in the Context of a RPAPL 1304 Notice
- Feb 25 2022
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 …
The Second Department Addresses the Necessary Proof on a Motion for a Default Judgment Pursuant to CPLR 3215(f) in a Mortgage Foreclosure Action
- Jul 30 2021
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 …
WHEN IT COMES TO EVIDENCE, “FIRST-HAND KNOWLEDGE IS POWER”
- Oct 2 2019
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 …
Court Denies Dismissal Motion Finding Issues of Fact as to The Application of The de facto Merger Doctrine
- Apr 8 2019
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, …
The Second Department “Clarifies” Procedural, Substantive, and Evidentiary Law in Foreclosure Cases
- Apr 3 2019
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 …
