Under the present “commencement by filing” system, an action (or proceeding) (collectively, an “Action”) is commenced by filing (CPLR 304(a))the initiatory paper(s) with the “clerk of the court in the …
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 …
In mortgage foreclosure actions, and other actions in which a party is suing on a promissory note (or other negotiable instruments) ( a “Note”), a plaintiff must allege that it …
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 …
Like the iconic scene when a cruise ship is leaving the dock, the New York Supreme Court, Appellate Division, Second Department, in BAC Home Loans Servicing, LP v. Alvarado (January …
In the prior Blog article GET RID OF A STALE MORTGAGE BY BRINGING AN ACTION UNDER RPAPL 1501(4), we discussed provisions of New York’s Real Property Actions and Proceedings Law …
Typically, a mortgage on real property is delivered to stand as security for the repayment of an obligation evidenced by a promissory note. A mortgage is an encumbrance on real …
This Blog has addressed numerous issues relating to mortgage foreclosure actions. [HERE][HERE][HERE][HERE][HERE][HERE]. “The Second Department Denies Summary Judgment To Another Foreclosing Mortgagee Due To The Insufficiency Of Evidence Presented On …
Not every case can be brought in the federal court system. Supreme Court Justice Antonin Scalia, in explaining the limited nature of federal court jurisdiction, stated that “[t]hey possess only …
On several occasions, this Blog has treated issues related to problems faced by mortgagees foreclosing on certain residential loans. “Appellate Division Second Department Tells Foreclosing Residential Lender to ‘SHOW ME …
