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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
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

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

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