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
Partition is “the act or proceeding by which co-owners of property cause it to be divided into as many shares as there are owners, according to their interests therein, or if that cannot be equitably done, to be sold for the...more
Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more
12/12/2023
/ Affirmative Defenses ,
Breach of Contract ,
Business Closures ,
Business Litigation ,
Cause of Action Accrual ,
Commercial Leases ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Dismissals ,
Eviction ,
Forbearance Agreements ,
Frustration of a Common Purpose ,
Landlords ,
Moratorium ,
Rent ,
Summary Judgment ,
Supply Chain ,
Tenants
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
Today’s Blog involves motions to renew and reargue and successive motions for summary judgment.
When a motion is denied, a movant has several options. One can accept the loss and move on. An appeal can also be pursued. ...more