Referees to Compute in Mortgage Foreclosure Actions
- Nov 5 2021
By Jonathan H. Freiberger When a borrower borrows money from a lender the repayment obligation is evidenced by a promissory note signed by the borrower and delivered to the lender. …
Category: Mortgage Foreclosure
In Case of First Impression Amongst New York Appellate Courts, The Second Department Holds That Foreclosing Lender Must Send a Separate RPAPL 1304 90-Day Notice to Each Borrower as a Condition Precedent to Commencing a Foreclosure Action and Sending a Jointly Addressed Notice To Two Borrowers In One Envelope Is “Insufficient”
- Oct 1 2021
By Jonathan H. Freiberger In this Blog, we frequently write about cases and developments related to mortgage foreclosure, in general, and RPAPL 1304, specifically. Indeed, in our September 24, 2021, …
Second Department Addresses Issues Regarding Proof of Value of Foreclosed Property for the Purpose of Calculating Deficiency Judgment Under RPAPL 1371
- Sep 20 2021
By Jonathan H. Freiberger Mortgages are commonly delivered to lenders as security for the repayment of financial obligations, which, in many cases, are evidenced by promissory notes. If borrower defaults, …
Second Department Holds That Foreclosing Lender is Not a “Debt Collection Agency” and, Therefore, is Not Subject to Licensure Under New York City Administrative Code Section 20-490
- Sep 3 2021
By Jonathan H. Freiberger The New York City Council promulgated rules to, inter alia, protect consumers from debt collection agencies (see Title 20, Chapter 2, Subchapter 30 of the New …
“‘John Doe’ and the Statute of Limitations” May be the Worst Name for a Rock Band
- Aug 6 2021
Frequently in litigation, a plaintiff commences an action before the identity of all defendants are known. For example, in mortgage foreclosure actions “John Does” and/or “Jane Does” are named as …
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 …
In A “Fact Posture” of First Impression in the Second Department, Court Finds That Defendant Waived The Protective Stay Provisions of CPLR 321(c)
- Jul 23 2021
Sometimes during the course of litigation, through no fault of a litigant, his, her or their attorney becomes physically, mentally or legally incapable of representing the client. In such circumstances, …
BE CAREFUL WHAT YOU STIP FOR
- Jul 16 2021
Summary judgment is a procedural device permitting a litigant to seek judgment without a trial in circumstances where all issues in a case can be decided by a judge as …
Extensions of Time to Serve Process Under CPLR 306-b Revisited
- Jul 2 2021
Today’s Blog relates to extensions of time to serve a defendant under CPLR 306-b, a topic previously addressed by this Blog [HERE] and [HERE]. The background discussion in today’s Blog …
SECOND DEPARTMENT UPHOLDS DISMISSAL OF DEFENDANT’S COUNTERCLAIMS AND PRECLUSION OF CERTAIN EVIDENCE AS A SANCTION PURSUANT TO CPLR 3126 FOR DISCOVERY ABUSES
- Mar 12 2021
Disclosure in New York State court litigation is governed by Article 31 of the Civil Practice Law and Rules. In general, there “shall be full disclosure of all matters material …
