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May 24, 2023 | New York Law Journal

Statute of Limitations for Strict Foreclosure

The running of the statute of limitations is assuredly a major and continuing problem for mortgage holders—typically encountered not surprisingly in the mortgage foreclosure action itself. That danger is exacerbated by the foreclosure abuse prevention act which denies to a foreclosing party the right to unilaterally withdraw an acceleration or cancel it by discontinuing the action. But the concept is not confined solely to that arena. Rather, it can apply to what might be seen as peripheral pursuits, for example, the strict foreclosure.
4 minute read
April 26, 2023 | New York Law Journal

When the Mortgage Holder Might Have To Pay the Receiver

A discussion of the "fact sensitive" instances where an appointing party may be constrained to pay the receiver's bills and/or commissions.
5 minute read
Appellate Division, Second Department: April 7, 2023
Publication Date: 2023-04-07
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:April 5, 2023

Appellate Division, Second Department: March 17, 2023
Publication Date: 2023-03-17
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 15, 2023

February 27, 2023 | New York Law Journal

Add'l Info in Pre-Foreclosure Notice OK –Kessler Doctrine Reversed

On Feb. 14, the Court of Appeals rendered an important decision in 'Bank of America, N.A. v. Kessler,' reversing the lower courts on the subject of pre-foreclosure notices.
5 minute read
Appellate Division, Second Department: February 10, 2023
Publication Date: 2023-02-10
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:February 8, 2023

Appellate Division, Second Department: January 27, 2023
Publication Date: 2023-01-27
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:January 25, 2023

Appellate Division, Second Department: January 20, 2023
Publication Date: 2023-01-20
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:January 18, 2023

January 03, 2023 | New York Law Journal

The Importance of the Voluntary Payment Doctrine in Foreclosures

In his Mortgage Foreclosure column, Bruce Bergman offers some basics on the subject of the voluntary payment doctrine which provides in short that when a sum is paid with full knowledge of the facts, and without protest, it is deemed voluntary and no later attack on the payment can succeed.
5 minute read
Appellate Division, Second Department: December 28, 2022
Publication Date: 2022-12-28
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:December 21, 2022

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