“All Foreclosure Sales Not Final”
- Jul 21 2023
By Jonathan H. Freiberger In most situations, the contemplated goal of a mortgage foreclosure action is the sale of the subject property at public auction pursuant to a judgment of …
Category: Mortgage Foreclosure
To Settle an Order or Not to Settle an Order, That is the Question
- Jul 14 2023
By Jonathan H. Freiberger On July 12, 2023, the Appellate Division, Second Department, in U.S. Bank Trust, N.A. v. Rahman, addressed an issue that has been confusing lawyers for quite …
Proper Evidentiary Support for Compliance with RPAPL 1304 Remains an Issue for Foreclosing Lenders
- Jun 30 2023
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], …
Sometimes One Bite at the Apple is All You Get
- Jun 23 2023
By Jonathan H. Freiberger Today’s Blog involves motions to renew and reargue and successive motions for summary judgment. When a motion is denied, a movant has several options. One can …
For Want of a Postage Stamp, the Foreclosure Action Was Lost
- Jun 9 2023
By Jonathan H. Freiberger This Blog has frequently written about RPALP 1304. By way of background, and as previously noted in this Blog, RPAPL 1304 requires that at least ninety …
Second Department Cancels and Discharges of Record A Mortgage Pursuant to RPAPL 1501(4)
- Apr 28 2023
By Jonathan H. Freiberger As explained in our Blog entitled: “Get Rid of a Stale Mortgage By Bringing an Action Under RPAPL 1501(4),” mortgage on real property are typically delivered …
New Administrative Order Regarding the Scheduling of Foreclosure Sales in Suffolk County Becomes Effective on May 1, 2023
- Apr 21 2023
By Jonathan H. Freiberger In our October 19, 2020, Blog [here] we discussed, inter alia, Administrative Order 98-20, issued by Andrew A. Crecca, District Administrative Judge, Suffolk County. AO 98-20 established …
Supreme Court, Kings County, Denies Unopposed Motion for Summary Judgment Due to Evidentiary Failures
- Apr 14 2023
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 …
RPAPL 1351(1) Requires a Foreclosure Sale to Occur Within Ninety Days of the Date of the Judgment of Foreclosure and Sale
- Mar 31 2023
By Jonathan H. Freiberger While this Blog has addressed numerous issues relating to residential mortgage foreclosure, it has never touched upon the requirement in RPAPL 1351(1) that a judgment of …
Second Department Holds that Consolidation Should be Denied Where One Action is the Subject of a Pending Meritorious Motion to Dismiss
- Feb 24 2023
By Jonathan H. Freiberger Many times, multiple actions are pending that involve similar facts and/or legal issues. In such instances it may be appropriate to consolidate those actions pursuant to …
