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Appellate Division, Second Department: March 29, 2024
Publication Date: 2024-03-29
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:March 27, 2024

Appellate Term, Second Department: January 26, 2024
Publication Date: 2024-01-26
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Term, Second Department, Decision & Order on Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Decision & Orders on Motions decided on:January 12-21, 2024

January 02, 2024 | New York Law Journal

Acceleration (and Statute of Limitations): Stronger Than Death

"It is remarkable that nuances attendant to acceleration of a mortgage debt and the running of the statute of limitations continue to arise and surprise." The recent case discussed here confirms how often foreclosing parties lose on the statute of limitations issue, calling into question the need for the remedies of FAPA.
4 minute read
October 10, 2023 | New York Law Journal

Nuance in Mortgage Commerce: Yet Another Lender Failure With 30-Day Notice

Bruce Bergman discusses 'Wilmington Savings Fund Society, FSB v. Racer,' which deals with the "once believed innocuous 30-day notice requirement," and more specifically, when borrowers deny receipt, whether the foreclosing party can prove the notice was sent.
4 minute read
August 29, 2023 | New York Law Journal

Time, Settlement and the Foreclosure Abuse Prevention Act

A discussion of the Foreclosure Abuse Prevention Act, with particular focus on those provisions relating to a time-barred result and settlement considerations.
7 minute read
Law Journal Press | Digital Book Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019 Authors: Ron M. Campbell View this Book

View more book results for the query "Berkman, Henoch, Peterson, Peddy & Fenchel, P.C."

August 08, 2023 | New York Law Journal

Lenders Fail Again With the 90-Day Notice

While standing may be the most common defense in a residential foreclosure action, there should be little doubt that the RPAPL §1304 90-day pre-foreclosure notice mandate is surely the most insidious.
5 minute read
August 04, 2023 | New York Law Journal

First Case To Rule On the Foreclosure Abuse Prevention Act

Bruce Bergman discusses U.S. Bank National Association as Trustee v. Pierre, the first case to address the Foreclosure Abuse Prevention Act, specifically a single (but meaningful) portion of the Act: the six-month grace period to begin a new action.
3 minute read
Utica Mutual Insurance Company v. American Re-Insurance Company
Publication Date: 2023-07-29
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Fourth Department
Judge: Unsigned Peradotto, J.P., Bannister, Montour, and Greenwood, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 0488

Utica Mutual Insurance Company v. American Re-Insurance Company

June 09, 2023 | New York Law Journal

Bidding a Nominal Sum at a Foreclosure Sale?

Can a lender safely bid a nominal sum at a foreclosure sale? Sure. But first a foreclosing party might ask why the question needs to be asked, and then why the answer is so tersely affirmative.
5 minute read
Appellate Division, Second Department: June 9, 2023
Publication Date: 2023-06-09
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down & Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdowns released on: June 2 & 7, 2023

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