“867-5309” (The “Jenny” Principle and The Importance of Phone Numbers)
- Mar 14 2025
By: Jonathan H. Freiberger The title for today’s article refers to one of the most played songs by DJs at college parties, and VJs on the fledgling MTV Network, in …
Category: RPAPL 1304
“Missed it by That Much” – CPLR 205-A and FAPA
- Feb 21 2025
By: Jonathan H. Freiberger Seasoned attorneys will get the reference in the title of this article to one of Maxwell Smart’s catch phrases from “Get Smart”, but most of the …
Who is Considered a “Borrower” for Notice Purposes Under RPAPL 1304
- Jun 28 2024
By Jonathan H. Freiberger On numerous occasions, this Blog has addressed issues related to RPAPL 1304. [Eds. Note: to view this Blog’s prior articles on RPAPL 1304, kindly type “RPAPL …
Deacceleration Letters Under The Foreclosure Abuse Prevention Act
- Feb 12 2024
By Jonathan H. Freiberger This BLOG has written numerous times on statutes of limitation issues in mortgage foreclosure actions. See, e.g., [here], [here], [here], [here], [here], [here], [here] and [here]. …
The Third Department Adopts The Second Department’s Holding In Yapkowitz, Which Requires That RPAPL 1304 Notices Be Separately Sent In Separate Envelopes To Each Borrower
- Nov 6 2023
By Jonathan H. Freiberger This Blog has written numerous articles about RPAPL 1304. See, e.g., [here], [here], [here], [here], [here] and [here] and the Blog articles linked to therein. By …
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 …
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], …
Second Department Remands For Hearing on Whether Lender Negotiated in Bad Faith During Mandatory CPLR 3408 Foreclosure Settlement Conference
- Dec 23 2022
By Jonathan H. Freiberger As previously addressed in numerous articles on this Blog, the New York State Legislature has responded to the residential mortgage foreclosure crisis by promulgating a series …
