Today’s article relates to a decision in a mortgage foreclosure action that combines numerous concepts about which we have previously written....more
Today’s article addresses a property owner’s right to cancel a recorded mortgage pursuant to RPAPL 1501(4)[1] and whether a mortgagee is “is entitled to recover sums expended to preserve and maintain an allegedly abandoned...more
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more
11/4/2024
/ Affirmative Action ,
Appeals ,
Appellate Courts ,
Banking Sector ,
Borrowers ,
Counterclaims ,
Foreclosure ,
Mortgages ,
Predatory Lending ,
Statute of Limitations ,
Summary Judgment
Because litigation can be a long and drawn-out process, it is not uncommon for litigants to die during the pendency of a lawsuit. In today’s BLOG article, we address the problems that may arise when a litigant dies. This BLOG...more
On July 12, 2023, the Appellate Division, Second Department, in U.S. Bank Trust, N.A. v. Rahman, addressed an issue that has been confusing lawyers for quite some time involving 22 N.Y.C.R.R. §202.48 – “Submission of orders,...more
Because there have been a number of appellate decisions interpreting RPAPL 1304, this Blog has written frequently on that topic. By way of background, and as previously noted in the Blog, RPAPL 1304 requires that at least...more
7/10/2023
/ Borrowers ,
Consumer Financial Products ,
Evidentiary Standards ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
GMAC ,
Mortgage Lenders ,
Mortgages ,
Notice of Default ,
Summary Judgment