In two long-awaited rulings yesterday, Article 13 LLC v. Ponce De Leon Fed. Bank and Van Dyke v. U.S. Bank, Nat’l Ass’n, the New York Court of Appeals addressed the constitutionality of the retroactive application of certain...more
12/1/2025
/ Action to Quiet Title ,
Appellate Courts ,
Collateral Estoppel ,
Constitutional Challenges ,
Contract Terms ,
Due Process ,
Equitable Estoppel ,
Foreclosure ,
Mortgage Lenders ,
Mortgages ,
New Legislation ,
New York ,
Retroactive Application ,
Standing ,
Statute of Limitations ,
Statutory Interpretation
On March 21, 2020, New York Governor Andrew M. Cuomo issued Executive Order No. 202.9 (EO 202.9) temporarily modifying state banking law to grant the superintendent of the New York Department of Financial Services (DFS)...more
Introduction-
The New York Appellate Division Third Department reached three notable determinations being closely monitored by the mortgage servicing and lending industry in the case Wells Fargo Bank, N.A. v. Portu, 2020...more
In Bank of New York Mellon v. Dieudonne, a highly anticipated decision for the mortgage servicing and lending industry, the New York Appellate Division’s Second Department held that a residential mortgage accelerates upon the...more