Latest News

A Usurious Loan – Really?


Deaccelerating The Mortgage By Letter

Service Of Process On Secretary Of State Fails?

90-Day Notice for Suite 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