Voluntary Discontinuance Pursuant to CPLR 3217
- Feb 2 2024
By Jonathan H. Freiberger For a variety of reasons, a party asserting a claim may choose to discontinue same. In such circumstances, CPLR 3217, provides the mechanism to do so. …
Category: Mortgages
Mortgage Contingency Clauses Revisited
- Sep 1 2023
By Jonathan H. Freiberger Frequently, individuals or entities looking to purchase real property have insufficient savings to make the purchase with cash or otherwise do not want to purchase with …
Vacating a Recorded Satisfaction of Mortgage
- Aug 18 2023
By Jonathan H. Freiberger Generally, folks borrow money to purchase real property. Such loans are typically secured by a mortgage on the property being purchased. The mortgage, when filed with …
NO GOOD DEED GETS UNDONE (a/k/a BAD DEEDS GET UNDONE)
- Apr 1 2022
By Jonathan H. Freiberger “The purpose of a deed is to pass title to land; it is the appropriate method of making a voluntary transfer of real property in the …
REFORMATION OF CONTRACTS
- Oct 16 2020
In order for the conduct of business to proceed in an orderly fashion, folks need to be confident that, in general, the contracts that they enter into, particularly when “the …
ELECTION OF REMEDIES UNDER RPAPL § 1301
- Aug 7 2020
Generally, when a loan is made by a lender that is secured by real property, two of the documents delivered to the Lender by the borrower are a promissory note …
Purchasers Should Take Mortgage Contingency Clauses Literally
- Jul 17 2020
This Blog has previously addressed issues concerning mortgage contingency clauses. [HERE] Briefly stated, mortgage contingency clauses in contracts for the sale of real property make the sale contingent on the …
REVIVE A TIME-BARRED CLAIM USING § 17-101 OF NEW YORK’S GENERAL OBLIGATIONS LAW
- Feb 28 2020
In general, statutes of limitation govern the time in which a cause of action must be interposed after accrual. [This BLOG has previously addressed Statute of Limitations issues [HERE] and …
