Like the iconic scene when a cruise ship is leaving the dock, the New York Supreme Court, Appellate Division, Second Department, in BAC Home Loans Servicing, LP v. Alvarado (January …
On January 15, 2019, the New York State Supreme Court, Appellate Division, First Department rendered a decision in In re: New York State Land Title Association, Inc. v. New York …
Typically, a mortgage on real property is delivered to stand as security for the repayment of an obligation evidenced by a promissory note. A mortgage is an encumbrance on real …
The date on which parties to a real estate contract must close is frequently subject to litigation. Sometimes real estate contracts provide for a closing date that is “time of …
There are numerous situations in which the value of real estate becomes an issue in litigation – condemnation proceedings, tax certiorari proceedings and calculating deficiency judgments in foreclosure proceedings – …
On January 31, 2018, the Second Department decided 159 MP Corp. v. Redbridge Bedford, LLC. The Court in 159 MP, recognized that the “appeal raises an issue of first impression …
In P. Zaccaro, Co., Inc., et al. v. DHA Capital, LLC, et al. (1st Dep’t January 25, 2018), the First Department affirmed the dismissal of plaintiffs’ action seeking a significant …
In two recent blog posts entitled: “Appellate Division, Second Department Tells Foreclosing Residential Lender to ‘SHOW ME THE EVIDENCE’” and “The Second Department Denies Summary Judgment to Another Foreclosing Mortgagee …
A recent blog post entitled: “Appellate Division, Second Department Tells Foreclosing Residential Lender to ‘SHOW ME THE EVIDENCE,’” cautioned foreclosing mortgagees that evidence in admissible form must be submitted to …
Mortgages on real property are typically delivered to a lender to secure loans evidenced by promissory notes. When a default occurs under the note and/or mortgage litigation frequently follows. If …
