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Appellate Division, Second Department:May 6, 2020
Publication Date: 2020-05-08
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

Appellate Division, Second Department:May 6, 2020

Appellate Division, Second Department:February 5, 2020
Publication Date: 2020-02-07
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

Appellate Division, Second Department:February 5, 2020

December 13, 2019 | New York Law Journal

90-Day Pre-Foreclosure Notice: The Mega Defense To Destroy a Residential Mortgage Foreclosure Action

The 90-day notice is a powerful defense that can result in dismissal of a residential foreclosure action. The law, however, is rapidly changing.
8 minute read
October 15, 2019 | New York Law Journal

Liberal View Allowing Action Anew Barred by Statute of Limitations

In his Foreclosure Litigation column, Bruce Bergman discusses a "savings provision" contained in CPLR §205 which has received a helpful liberal interpretation by the Court of Appeals which permits a dismissed action to be initiated anew even though the statute of limitations had otherwise expired. This has the potential to avoid the anomaly of a defaulting borrower otherwise entitled to retain mortgage proceeds with no remedy for the lender. 
6 minute read
Bayview Loan Servicing, LLC v. Gerard A. Strauss, et al.
Publication Date: 2019-08-01
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Fourth Department
Judge: Unsigned Smith, J.P., Peradotto, Carni, Lindley, and Troutman, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 0385

Bayview Loan Servicing, LLC v. Gerard A. Strauss, et al.

July 30, 2019 | New York Law Journal

Discontinuing the Foreclosure Action—Easy Right?

In his Foreclosure Litigation column, Bruce Bergman explains that although foreclosure discontinuance motions without prejudice are granted in an “overwhelming number of instances,” it remains in the court's discretion. Thus, if damage or prejudice to a defendant might result, discontinuance may be denied.
6 minute read
Huntington Nat'l Bank v. Peterson
Publication Date: 2019-07-03
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: Supreme Court, Queens
Judge: Justice Robert Caloras
Attorneys:
For plaintiff: Attorneys for Residential Mortgage Loan Trust 2013-TT2, by: U.S. National Association, not in its individual capacity but solely as Legal Title Trustee, the intended substitute Plaintiff, Hillary Prada, Esq., Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.
For defendant: Terence C. Scheurer, Esq., Of Counsel Law Offices of Marvin Evan Schiff, P.C.
Case number: 22452/09

Bank Fails to Establish Good Cause Exists to Grant Extension of Time to Serve Respondent

May 28, 2019 | New York Law Journal

Sale on Older Foreclosure Judgment To Be Held Within 90 Days?

In his Foreclosure Litigation column, Bruce Bergman discusses the timing issue surrounding a foreclosing plaintiff proceeding to sale and concludes: “It appears that a pre-amendment foreclosure judgment does not require a foreclosure sale within 90 days. While an uncertain or timorous plaintiff might err on the side of caution and seek such an order to avoid any chance of contention, such appears to be unnecessary and wasteful of time and expense.”
6 minute read
Appellate Division, Second Department: April 11, 2019
Publication Date: 2019-04-15
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: April 11, 2019

APPELLATE DIVISION, FIRST DEPARTMENT: March 28 ,2019
Publication Date: 2019-04-01
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Term, First Department, APPELLATE DIVISION, FIRST DEPARTMENT: March 28 ,2019
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

APPELLATE DIVISION, FIRST DEPARTMENT: March 28 ,2019

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