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Don’t Need Original Earlier Notes When Foreclosing CEMA

Mortgage Modification Grants Standing!

Plaintiffs Still Stumbling With Required Pre-Foreclosure Notices

Beating The Statute Of Limitations By Starting The Action Anew

Guileful Borrower: “Transfer Case To Judge Who Ruled In My Favor”

Discharge In Bankruptcy Does Not Discharge Mortgage

The Continuing Peril Of Courts Dismissing Foreclosure On Their Own

When Mistaken Discontinuance Begets Lender Disaster

Finality Of Foreclosure Judgment – To The Rescue Again

More Foreclosures Dismissed As Abandoned! (A Salutory Lesson)

Finality Of Foreclosure Judgment As Bar To Later Borrower Suit

Lack Of Special Summons Language Fatal To Foreclosure

Elimination Of Interest Slams Lenders Again

New York Is A Dangerous Place – Standing Demon – Again

Lender Mistake In Foreclosure Sale Bid – Lender Loses (Again)

Waiver Of Defenses Ruled Valid Again – Bars Borrower Counterclaim

Loan Modification Application Does Not Save Statute Of Limitations

Borrower Seeks Punitive Damages For Breach Of Contract – Rejected

Short Sale Not A Defense To Foreclosure

New Look At Late Charges – Who Can Challenge And When?

Eviction After Foreclosure: Burden To Exhibit The Deed Banished

Eviction After Foreclosure – Later Tenant Is Subject To Eviction

When The Borrower’s Lack Of Service Claim Is Waived

Why All Information Must Be In The Motion For Summary Judgment

So What Really Is An Acceleration?

A Usurious Loan – Really?

Deaccelerating The Mortgage By Letter

Service Of Process On Secretary Of State Fails?

90-Day Notice for Suit On Note Revisited – Court Of Appeals Needed

When Neither Lender Nor Borrower Know If It Is A Home Loan

Court Allows Borrower Standing Defense By The Back Door

Article: The Inevitable: Death and Taxes

Plaintiff Errs At Foreclosure Sale But It Cannot Be Overturned

New Twist: Lender’s Insurable Interest After Foreclosure Sale

The Dilemma Of A Mortgage Satisfaction Filed After An Assignment

Careless Lender Beaten By Statute Of Limitations – Again

More Problems With The 90-Day Notice – How To Prove It Was Sent

Borrower Starts Separate Fraud Suit Against Lender – And Loses

When Written Bank Statements Defeat The Foreclosure

Definitely No Jury Trial In A Foreclosure Action

Lack Of Pre-Acceleration Notice Defeats Lender

When The Borrower Says “I Wasn’t Served”

Again: Lender Loses All Because Statute Of Limitations Expired

Foreclosure Dismissed For Delay

When The Insurance Company Must Pay The Lender

Release In Loan Mod Saves Lender – A Salutary Reminder

Part Payment Fails To Rescue Lender From Statute Of Limitations Defeat

Settlement Conference Basis For Borrower’s Woefully Late Answer

Lender’s Mistake At Foreclosure Sale Not Basis To Set It Aside

A Simple (Or Not So Simple) Lesson About Deficiency Judgments

No 90-Day Letter For Action To Cancel Erroneous Satisfaction

Inevitable: More Lender Problems With Maintenance Requirement

How The Foreclosure Conference Mandate Can Become A Trap For Lenders

Condo Gets Bank Interest Reduced For Delay

At Long Last: 90-Day Notice Still Good After A Year

Is It A Home Loan Or Not Redux – The Lender’s Dilemma

Negligence Liability And The Lender Maintenance Requirement

No 90-Day Notice Required If Borrower Deceased

Foreclosure Frustration: Dismissal For Defense Not Even Raised!

More On The Dangerous New Foreclosure Statutes – Lender Perils

New 90 Day Notice Requirements A Perilous Morass For Lenders

New York Pushing To Strengthen Borrower Lack Of Standing Defense

No Mandatory Conference For Co-Op Loan In Foreclosure

Lender’s “Clerical Error” Not A Basis To Vacate Its Default

Was It A Home Loan Requiring A Conference?

Election Of Remedies – OK To Foreclose Even Though Suing On Note

Another Example Of Borrowers Trying Anything To Avoid Paying

90-Day Notice – A Trap For Lenders

Emphasizing That Sacred Right To Redeem

A New Twist On Election Of Remedies – Suit On Note Okay

The Perils Of Being A Mortgagee-In-Possession

Motion To Set Aside Foreclosure Sale, Some Principles: Borrower Loses

Just When You Thought It Went Away… The 30-Day Notice Defense

Assignment Of Mortgage; Watch Those Dangerous Tax Lien Foreclosures

Condo Lien As A Continuing Lien – And Why Lenders Care

Usury: Mortgage Void And Savings Clause Doesn’t Work

A Current Lender Basher: Affidavit Certificates Of Conformity

Another Crazy Borrower Defense Shot Down: The Broker Told Me…

When The Mortgage Tax Has Not Been Paid

Revisiting Two Important Concepts Lenders Should Know

Consolidated First Mortgage vs. Condo Lien: New Definitive Cases

Standing Claim Beats Lender Again – This Time For Lack Of Attention

Standing: Lender Loses; No Proof Note And Mortgage Delivered

Ok To Record Assignment After Foreclosure Begun

Is The Forbearance or Settlement Agreement Enforceable?

Continuing Importance of Pre-Negotiation Letter With Borrower

How Crazy Is Foreclosure Practice – Win Some, Lose Some

Vital Basics On Critical Motion For Summary Judgment

Foreclosing Multiple Mortgages In One Action

Mortgage Modification – Is Consent Of Juniors Required?

The Consequences Of Sitting On A Foreclosure Judgment

Borrower Waiver Of Counterclaim Enforced

Bizarre Liability To Lender Upon Co-Op Foreclosure Sale

Borrower Settlement Negotiations And The Statute Of Limitations

Lender Possibly Liable For Fire Death At Mortgaged Premises

When The Court Declines To Discontinue The Foreclosure Action

Settlement Conference Not Excuse For Borrower Default In Answering

Settlement Conference With Relative Of Deceased Borrower?

Process Service: Solving The Dilemma Of Serving The Doorman

Delaying The Settlement Conference – Severe Penalty to Lender

Servicer Problem With 30-Day Cure Letter Returns

Slow Foreclosure vs. Condo Lien – What Are The Rights?

Borrower Assails Lender In Federal Court – Again – And Loses

Standing: No Need To Endorse Note

When The Borrower Attacks The Action Time After Time

Lender’s Good Faith At The Settlement Conference

90-Day Notice: Required For Suit On Note!

Duration Of The 90-Day Notice And Why It Matters

Court Attitudes Can Hurt Lenders

Does The Conference Mandate Apply To All Residential Property?

No End To Delay – Allowing Borrower To Amend Answer

What Are You Really Up Against When You Foreclose?

Hidden Danger Of The Misindexed Mortgage

Is There Discovery For The Referee’s Hearing?

Bankruptcy – The Briefest Of Primers

Settling The Case When The Borrower Has No Counsel?

Lender “Bad” Practices In Other Cases Meaningful?

More Lender Peril: When Courts Don’t Understand Foreclosures

When The Court Won’t Strike The “John Doe” Defendants

Eviction After Foreclosure: When Do You Really Need To Do It?

How Much Delay From Borrower’s Motion To Dismiss?

Servicer’s Disaster With Process Service – Again

Bankruptcy And The 90-Day Notice – What Does The Servicer Do?

Eviction After Foreclosure – Some Help From The Courts

The Incessant Issue Of Standing – A Stern Servicer Lesson

Standing: Yes, The Servicing Agent Can Foreclose In Its Own Name

The Settlement Conference: What Is Good Faith?

Mortgage Declared Void – Reversed On Appeal

Danger In Settlement Negotiations Redux

Now The Lender Maintenance Obligation Really Hurts

Watch Out For Effect Of Mortgage Modification On Guarantor

Two Lessons: Borrower Loses Motion To Dismiss; Lender is Sanctioned

Order To Show Cause Must Be Served As It Directs

Assigning The Mortgage – No Need To Substitute Plaintiff

When The Bidder Wants Out – After A Long Time

Extension Of Statute Of Limitations And The Subsequent Lender

Continuing Strange Burden Of The Attorney Affirmation

Paying Taxes And Lender’s Fiduciary Duty

Selling The Loan – Be Careful With Warranties

Must A Lender Purchase Fire Insurance For A Defaulting Borrower?

Preparing The Forbearance Agreement In House

No, The Mortgage Was Not Unconscionable

How Late Can Borrower Claim It Did Not Get 30-Day Notice?

Deficiency Judgment Time Limit Problems – Again

The Attorney’s Affirmation – A Dismaying Decision

The Sharp Borrower And Tender Of Arrears

More New Foreclosure Laws: Attorney Certificate Of Merit

Two Lender Mistakes In One Case – Wrong Satisfaction And Delay

Sympathy Is Not A Defense To Foreclosure

Assigning The Surplus Money Claim

Second Mortgages – When To Write The Check To The Senior?

(Who Cares About) Entering The Foreclosure Judgment

Deficiencies – Must Watch That Ninety-Day Window

Process Service Is Everything

No Usury For LLC

Lack Of “Attorney Affirmation” Proves Fatal To Foreclosure

Standing: Still A Waivable Defense – For Now

No Need To Substitute Plaintiff Upon Mortgage Assignment

Bringing The Foreclosure Action In The Servicer’s Name

More On Summons Publication Problems

When Your Borrowers Are Missing

Can A Receiver Sell The Mortgaged Property?

Closing Delay Not Basis To Vacate Bid

90-Day Notice For Co-Op Foreclosure: Strictly Enforced

Disputed Amount Still Not A Defense To Foreclosure

Is The Deed In Lieu Of Foreclosure Now Safe?

Eviction After Foreclosure – The Continuing Problem

Foreclosing Plaintiff Liable For Duty Of Care In Conducting Sale?

Proposed NYC Statutes To Seriously Burden Foreclosures

When A Settlement Agreement Does Not End The Foreclosure

When Can They Sue The Lender For An Accident At The Property?

Standing Is A Waivable Defense (For The Moment)

When The Borrower Sues The Lender In Federal Court

New Case On Borrower’s Carveout Liability

More Trouble With Publication (But The Good Guys Won, Sort Of…)

Lender Pays Property Taxes In Error

Watch Our For The Settlement Stipulation

Waiver Of Defenses Means Waiver Of Defenses

More Strictness On The 90-Day Notice

New Affirmation Rule For New York Foreclosures

The Newspaper Said The Foreclosure Was No Good

Court Cancellation Of Lender’s Mortgage Reversed

Law Signed: Legal Fees To Successful Borrowers

What Happens If The Current Crisis Overturns Foreclosure Sales?

Service Of Process – The Underlying Danger to Foreclosures

Watch Out For A Deed In Lieu As Security

New 90-Day Notice – The Full Story

Danger In Securing Mortgaged Premises

New Law On The Way: Lender Pays Borrower’s Legal Fees!

Service Of Process – The Underlying Danger To Foreclosures

More On Service Of Process Woes In The Foreclosure Case

A Thought On Structuring Settlements – The Mortgage Modification

Maybe The Default Notice Need Not Be Perfect

When Counsel Needs That Information For Summary Judgment

Strict Interpretation Of New Foreclosure Mandates – Yet Again

Courts Still Strong On New Foreclosure Requirements

90-Day Notice For Suite On Note?

Two Foreclosure Actions At The Same Time Won’t Work

Commercial Property: Effect Of New Foreclosure Statute

Another Warning On Deficiency Judgments

No Notice Means No Notice

New Foreclosure Statute – Effect On Titles

New Foreclosure Statute In New York

Escaping From The Automatic Stay

Foreclosing A Mortgage The Lender Doesn’t Own

Lender Flimflamed

Yes – The Insurance Company Has To Pay You

Extending Lis Pendens – Bankruptcy As Cause

Non-Judicial Foreclosure In New York Repealed

How Does A Servicer Ever Lose A Foreclosure?

Statute Of Limitations Defeats Lender – Again

Some Important Points About Guaranties

New Notice Statutes Mean Business

Forbearance Agreement And Acceptance Of Payments

The Continuing Problem Of Mortgage Assignments

Forged Or Fraudulent Deed As Basis Of Mortgage

When The Defaulting Borrower Sends A check – Take It Or Leave It?

“The Mortgage Was A Fraud On Me”

Responding To A Payoff Letter Request

Lender’s Insurance Claim vs. Deficiency – A New Exception

Bidder Must Pay Interest And Taxes On Bid

Deficiency Judgments – A New Look

Subprime Loans – What Does Owner Occupied Mean?

Q. & A. For The New Subprime Statute

The Late Charge Story

Second Mortgages – When To Write The Check To The Senior?

Service Of Process Woes

Good News – Use And Occupation In The Strict Foreclosure Case

Settlement Negotiations Fatal To Foreclosure

More On Surplus Monies – No Need To File A Claim!

Demand Letters, Acceleration letters And The New Statute – A Primer

Vital New Foreclosure Notice Law In New York

More On A Duty Not Owned By Lenders

A Duty Not Owed By Lenders

Implemented And Pending Mortgage Statutes In New York

Loss Mitigation: Forbearance Agreement And Notice To The Borrower

Can A Servicer Be Hurt In A Strict Foreclosure?

When A Foreclosure Sale Bidder Defaults – A Primer

The Perils Of Publication

Process Service And Foreclosure Sale Problems

Servicer Errors To Avoid

Reject The Post Acceleration Check? Dispelling The Myth

Loss Mitigation In The Subprime Era

Notice Vs. Acceleration

Still Hard To Undo Foreclosure Sale

Forgery – Not Such An Easy Defense

Beware The Forged Deed

Identity Theft – Effect On Foreclosure

Eviction After Foreclosure – What About A Tenant With A Lease

Election Of Remedies – A Twist On Suing On The Note

Fraud And Breach Of Mortgage

Attacking Multiple Bankruptcy Filings

The Payoff Letter Must Be Accurate

And Still Foreclosures Become Harder

Process Service – A Constant Danger

New Law: Makes More Room For Mistakes In Foreclosures

Still More On The Statute Of Limitations (Servicer Wins One)

Delaying Borrowers Banished

Still Ok To Take Partial Payment After Acceleration

Still Hard To Undo Foreclosure Sale

More On The New Deed-In-Lieu Problem

Can You Still Take A Deed-In-Lieu In New York?

Lis Pendens In The Foreclosure Case

More Problems With Process Service

Second Mortgages – When To Write The Check To The Senior?

Loss Mitigation – Honor Thy Modification Agreement

Statute Of Limitations And The USA-2

So Who Get’s The Payoff Check?

Borrower’s Purchaser Cutoff

Statute Of Limitations And The USA

More Problems With Process Service

Eve Of Sale Settlement – A New Twist

Forbearance Agreement: Another Lender Win

The 20 Greatest Loan Servicing Myths; From Mortgage Banking Magazine

Does Lender’s Wrongful Demand Stop Interest?

Who Is The Plaintiff In The Foreclosure – It Really Matters

Bid Mistake At Foreclosure Sale – No Excuse For Lender

Repeal Of The 60-Day Rule

Bankruptcy Filing After Auction Sale – No Problem

New Statute – Foreclosures To Become More Perilous In New York

When The Borrower Asks For An Assignment Of Mortgage

Can Borrowers Claim Rights Under The Pooling And Servicing Agreement?

Good News For Eviction After Foreclosure

Second Mortgage Claiming Surplus

A Settlement Stipulation Which Backfired

So How Good Is That Forbearance Agreement?

Again (!) Watch Out For Process Service

Save Money – Skip The 30 Day Breach

Just To Feel Good; Loss Mitigation (A Defense Which Failed)

Settling The Foreclosure – Another Possible Problem

Foreclosure And Fire Loss – Sue Insurance Company First?

Another Warning On Deficiency Judgments

Delays In New York Foreclosure – New Rule May Help

Can New York Tell You What Interest To Charge?

New Peril In Co-Op Foreclosure

Good News: New Statute In New York – Successors Lis Pendens Allowed

Statute Of Limitations Sinks Lender…Yet Again

When The Wife Signs The Mortgage – Consideration

Eve Of Sale Order To Show Cause – Borrower’s Petard This Time

Borrower’s Husband Files Bankruptcy – Who Cares?

Borrower Forgets Legal Fees

Non-Judicial Foreclosure Renewed In New York – Again

Fraud And Breach Of Mortgage

What’s The Interest Rate On Your Foreclosure Judgment?

Money Judgment – When The Borrower Flees To Another State

Statute Of Limitations Sinks Lender – Again

When Counsel Needs That Information For Summary Judgment

Graciousness In Loss Mitigation Bites Servicer – Bad

Bankruptcy Glitch Which Didn’t Hurt The Lender

Should The Lender Lose When It Goofs?

Explaining Co-Ops

So the Borrower Lied On The Application

Can You Take A Check After Acceleration?

Loss Mitigation – When A Deed-In-Lieu Isn’t

Is The Sale Good Even With A Bankruptcy Stay?