By: Jonathan H. Freiberger On January 28, 2026, the Appellate Division, Second Department, decided Deutsche Bank National Trust Company v. Starr, a mortgage foreclosure action that addresses many of the …
By: Jonathan H. Freiberger This BLOG has previously addressed the issue of a defendant’s appearance in an action – both formal and informal.[1] In that regard, we have noted that …
By: Jonathan H. Freiberger Last Week in our BLOG article: “Just When You Thought It Could Not Get More Unanimous, The Court of Appeals Determines that FAPA’s Retroactive Application Does …
By: Jonathan H. Freiberger oday’s article is about MCLP Asset Co. v. Zaveri, an action that involves numerous areas of the law about which we frequently write — mortgage foreclosure, …
By: Jonathan H. Freiberger On October 31, 2025, the Supreme Court, Kings County, decided loanDepot.com LLC v. Ortner, a case addressing the meaning of the “taking proceedings” requirement of CPLR …
By: Jonathan H. Freiberger This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure.[1] While we have not written about RPAPL 1304 in …
By: Jonathan H. Freiberger Today’s BLOG deals with the “Relation Back Doctrine” (the “Doctrine”)[1], which, inter alia, “allows a claim asserted against a defendant in an amended filing to relate …
By: Jonathan H. Freiberger This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure.[1] One particular area that has been the subject of …
By: Jonathan H. Freiberger Today’s article revisits statute of limitations issues and FAPA[1] in residential mortgage foreclosure actions[2]. Briefly stated, a mortgage foreclosure action is governed by a six-year statute …
By: Jonathan H. Freiberger There are certain categories of individuals and entities that are required to be named as defendants in mortgage foreclosure actions[1] and the failure to name such …
