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 …
Category: Real Estate Litigation
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 …
Second Department Rejects Buyer’s Cause of Action for Specific Performance
- Aug 11 2023
By Jonathan H. Freiberger Specific Performance is an equitable remedy used to compel a party to perform under a contract. McGinnis v. Cowhey, 24 A.D.3d 629 (2nd Dep’t 2005). Specific …
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 Finds Triable Issue of Fact as to the Question of Seller’s Oral Waiver of Time of the Essence Closing Date in Real Estate Contract
- May 19 2023
By Jonathan H. Freiberger The question of when parties must close title on a real estate transaction is often answered by another question – has either party sent a “time …
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 …
New York Court of Appeals Makes a Significant Ruling on RPAPL 1304
- Feb 17 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], …
Yellowstone Injunctions Have Nothing to Do With Kevin Costner’s Leases
- Feb 10 2023
By Jonathan H. Freiberger A commercial lease can be a valuable asset for a business. Accordingly, a tenant must be mindful of its rights in the face of a default/cure …
SECOND DEPARTMENT CALCULATES DEFICIENCY JUDGMENT IN MORTGAGE FORECLOSURE ACTION
- Nov 18 2022
By Jonathan H. Freiberger Much has been written in this Blog about mortgage foreclosure actions. In this Blog’s prior article: “Second Department Addresses Issues Regarding Proof of Value of Foreclosed …
Supreme Court, Suffolk County, Refuses Lender’s Request to Stay a Foreclosure Action Pending the Court of Appeals’ Decision in Bank of America, N.A. v. Kessler
- Sep 5 2022
By Jonathan H. Freiberger Regular readers of this Blog are familiar with Bank of America, N.A. v. Kessler, 202 A.D.3d 10 (2021)(“Kessler”), a case about which we have previously written …
