0 results for 'Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.'
Appellate Division, Second Department: December 13, 2021
No Pre-Foreclosure Notice to Borrower's Estate
In his Foreclosure Litigation column, Bruce Bergman discusses the recent decision in 'HSBC Bank USA, N.A. v. Shah,' where the defendant argued that the foreclosing plaintiff failed to demonstrate strict compliance with the 90-day letter pre-foreclosure notice provision. He writes that the case "offers a modicum of solace, under concededly limited but not so uncommon circumstances."Appellate Division, Second Department: November 8 & 10, 2021
J'Accuse: Proposed Legislation Devastating to Mortgage Holders
In his Mortgage Litigation column, Bruce Bergman discusses what he believes to be a disastrous new legislation, the ominously titled ""Foreclosure Process Abuse Prevention Act."Can Laches Ever Defeat a Mortgage?
Generally speaking, the equitable defense of laches is unavailable in an action commenced within the applicable period of limitation. But a recent case where a lender encountered a number of mishaps but was very slow to cure its problems, has presented different circumstances. In his foreclosure Litigation column, Bruce Bergman discusses the case "Bank of New York v. Terrapin Industries."View more book results for the query "Berkman, Henoch, Peterson, Peddy & Fenchel, P.C."
Passed Bill Threatens Home Loan Foreclosures
Bruce Bergman discusses why Bill 2502-A, which amends RPAPL §1302, appears to be an error and "will likely render impossible both the making of home loan mortgages and the foreclosure of such mortgages."Appellate Division, Second Department: May 19, 2021
Appellate Division, Second Department: May 5, 2021
Appellate Division, First Department: March 25, 2021
Appellate Division, Second Department: March 24, 2021
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