0 results for 'Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.'
Appellate Division, Second Department:February 3, 2021
Appellate Division, Second Department:January 13, 2021
More Foreclosures Dismissed as Abandoned: A Salutory Lesson
In his Foreclosure Litigation column, Bruce Bergman notes how there has been a surprising number of cases lately where foreclosures are dismissed as abandoned for lenders' failure to adhere to a particular time frame. He writes: "This is one arena where lenders really should not lose, because when they do, it is their own fault. The system is tough enough without the foreclosing plaintiff shooting itself in the foot."Issue of Sua Sponte Dismissals In Foreclosure Actions
A not so uncommon event in mortgage foreclosure actions is the dismissal of the case, or the compelling of some measure by the court, sua sponte, that is, on its own—without a motion having been made for that relief. The sheer reported volume of appellate division reversals of trial court sua sponte dismissals confirms that such occurrences are, if not definable as a problem, certainly an issue.Appellate Division, Second Department: November 2, 2020
Eviction After Foreclosure: Holdovers Still Saying "You Can't Catch Me"
Eviction after foreclosure continues to remain one of the more mysterious aspects of the mortgage foreclosure process, mainly for foreclosing…Appellate Division, Second Department:July 15, 2020
Appellate Division, Second Department:July 8, 2020
Appellate Division Second Department: June 3, 2020