Latest News
15 Jul 2019 | Mortgage Lender and Servicer Alerts
Beating The Statute Of Limitations By Starting The Action Anew
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1 Jul 2019 | Mortgage Lender and Servicer Alerts
Guileful Borrower: “Transfer Case To Judge Who Ruled In My Favor”
15 Jun 2019 | Mortgage Lender and Servicer Alerts
Discharge In Bankruptcy Does Not Discharge Mortgage
1 Jun 2019 | Mortgage Lender and Servicer Alerts
The Continuing Peril Of Courts Dismissing Foreclosure On Their Own
15 May 2019 | Mortgage Lender and Servicer Alerts
When Mistaken Discontinuance Begets Lender Disaster
1 May 2019 | Mortgage Lender and Servicer Alerts
Finality Of Foreclosure Judgment – To The Rescue Again
18 Apr 2019 | Articles
Actor Wesley Snipes’ Offer in Compromise Got Sniped by the IRS
15 Apr 2019 | Mortgage Lender and Servicer Alerts
Standing Waived By Borrower – But Problems of New York Foreclosures Highlighted
1 Apr 2019 | Mortgage Lender and Servicer Alerts
More Foreclosures Dismissed As Abandoned! (A Salutory Lesson)
15 Mar 2019 | Mortgage Lender and Servicer Alerts
Finality Of Foreclosure Judgment As Bar To Later Borrower Suit
1 Mar 2019 | Mortgage Lender and Servicer Alerts
Lack Of Special Summons Language Fatal To Foreclosure
15 Feb 2019 | Mortgage Lender and Servicer Alerts
Elimination Of Interest Slams Lenders Again
1 Feb 2019 | Mortgage Lender and Servicer Alerts
New York Is A Dangerous Place – Standing Demon – Again
16 Jan 2019 | Firm News
Tax Controversies Partner Christina Jonathan Featured Speaker For Lawline
15 Jan 2019 | Mortgage Lender and Servicer Alerts
Lender Mistake In Foreclosure Sale Bid – Lender Loses (Again)
1 Jan 2019 | Mortgage Lender and Servicer Alerts
Immediate Danger Of Owning A Foreclosed Property – When Does It Happen?
15 Dec 2018 | Mortgage Lender and Servicer Alerts
When A Lender Is Pleased That It Had No Standing – Acceleration And The Statute Of Limitations
1 Dec 2018 | Mortgage Lender and Servicer Alerts
Waiver Of Defenses Ruled Valid Again – Bars Borrower Counterclaim
19 Nov 2018 | Firm News
Bruce J. Bergman Featured Speaker Before NYC Housing Court Judges and Court Attorneys
15 Nov 2018 | Mortgage Lender and Servicer Alerts
Pre-Foreclosure Notice To Be Separately Served On All Home Loan Borrowers
1 Nov 2018 | Mortgage Lender and Servicer Alerts
Loan Modification Application Does Not Save Statute Of Limitations
15 Oct 2018 | Mortgage Lender and Servicer Alerts
Borrower Seeks Punitive Damages For Breach Of Contract – Rejected
1 Oct 2018 | Mortgage Lender and Servicer Alerts
Short Sale Not A Defense To Foreclosure
18 Sep 2018 | Articles
2019 Changes to New York Exemptions for Property Owners Age 65 and Over
15 Sep 2018 | Mortgage Lender and Servicer Alerts
New Look At Late Charges – Who Can Challenge And When?
4 Sep 2018 | Firm News | Recent Decisions
Berkman Henoch Successfully Defends Suffolk County Against Claim Seeking Class Action Certification Involving the Southwest Sewer District
1 Sep 2018 | Mortgage Lender and Servicer Alerts
Relationship Between Mandatory Conference And The One Year Default Trap
15 Aug 2018 | Mortgage Lender and Servicer Alerts
When The Plaintiff Fails To File The Special RJI In A Home Loan Foreclosure
1 Aug 2018 | Mortgage Lender and Servicer Alerts
Failure Of Preforeclosure Notice – Again – And What A Mess This All Is
15 Jul 2018 | Mortgage Lender and Servicer Alerts
Eviction After Foreclosure: Burden To Exhibit The Deed Banished
1 Jul 2018 | Mortgage Lender and Servicer Alerts
Eviction After Foreclosure – Later Tenant Is Subject To Eviction
29 Jun 2018 | Firm News
Client’s New York State Sales Tax debt Reduced from Over $170,000 to $5,000
15 Jun 2018 | Mortgage Lender and Servicer Alerts
When The Borrower’s Lack Of Service Claim Is Waived
1 Jun 2018 | Mortgage Lender and Servicer Alerts
Why All Information Must Be In The Motion For Summary Judgment
31 May 2018 | Firm News | Recent Decisions
Berkman Henoch Obtains Favorable Ruling on Behalf of the Town of Hempstead
15 May 2018 | Mortgage Lender and Servicer Alerts
So What Really Is An Acceleration?
1 May 2018 | Mortgage Lender and Servicer Alerts
More On Enforcing Forbearance Agreements – Yes, The Borrower Needed To Pay
30 Apr 2018 | Articles
Suffolk County Property Tax Grievance Deadline
27 Apr 2018 | Firm News
Client’s IRS Tax Liability Reduced from Over $68,000 to $5,000
15 Apr 2018 | Mortgage Lender and Servicer Alerts
A Usurious Loan – Really?
1 Apr 2018 | Mortgage Lender and Servicer Alerts
Deaccelerating The Mortgage By Letter
23 Mar 2018 | Recent Decisions
Glen Cove’s Residential Assessment Ratio Reduced – What it Means to You
23 Mar 2018 | Firm News
Joseph N. Mondello Nominated as Ambassador to Trinidad and Tobago
15 Mar 2018 | Mortgage Lender and Servicer Alerts
Service Of Process On Secretary Of State Fails?
14 Mar 2018 | Firm News
Hon. Gregory P. Peterson Receives Lifetime Achievement Award
9 Mar 2018 | Firm News
Martin E. Valk, Esq. to lead our firm’s Tax Certiorari practice group
1 Mar 2018 | Mortgage Lender and Servicer Alerts
90-Day Notice for Suit On Note Revisited – Court Of Appeals Needed
15 Feb 2018 | Mortgage Lender and Servicer Alerts
When The Defaulting Borrower Sues The Lender After The Foreclosure Redux
1 Feb 2018 | Mortgage Lender and Servicer Alerts
When Neither Lender Nor Borrower Know If It Is A Home Loan
30 Jan 2018 | Recent Decisions
Berkman Henoch Successfully Defends Municipality Against Allegation of Fourth Amendment Constitutional Violations
15 Jan 2018 | Mortgage Lender and Servicer Alerts
Court Allows Borrower Standing Defense By The Back Door
12 Jan 2018 | Firm News | Publications
Article: The Inevitable: Death and Taxes
1 Jan 2018 | Mortgage Lender and Servicer Alerts
Plaintiff Errs At Foreclosure Sale But It Cannot Be Overturned
15 Dec 2017 | Mortgage Lender and Servicer Alerts
New Twist: Lender’s Insurable Interest After Foreclosure Sale
1 Dec 2017 | Mortgage Lender and Servicer Alerts
The Dilemma Of A Mortgage Satisfaction Filed After An Assignment
15 Nov 2017 | Mortgage Lender and Servicer Alerts
Careless Lender Beaten By Statute Of Limitations – Again
1 Nov 2017 | Mortgage Lender and Servicer Alerts
When The 90-Day Notice Must Be In Another Language – A New Burden For Lenders In New York
18 Oct 2017 | Recent Decisions
Berkman Henoch Obtains Court Decision on Behalf of The Town of Hempstead
15 Oct 2017 | Mortgage Lender and Servicer Alerts
More Problems With The 90-Day Notice – How To Prove It Was Sent
1 Oct 2017 | Mortgage Lender and Servicer Alerts
Borrower Starts Separate Fraud Suit Against Lender – And Loses
15 Sep 2017 | Mortgage Lender and Servicer Alerts
When A Foreclosing Lender Skips A Defendant, And Avoiding A Tale Of Woe
11 Sep 2017 | Articles
Dead Hand Control and Estate Tax Considerations
1 Sep 2017 | Mortgage Lender and Servicer Alerts
When Written Bank Statements Defeat The Foreclosure
15 Aug 2017 | Mortgage Lender and Servicer Alerts
When The Court Wisely Watches Out For Precedent: An Issue Moot But Not Unimportant
1 Aug 2017 | Mortgage Lender and Servicer Alerts
Definitely No Jury Trial In A Foreclosure Action
15 Jul 2017 | Mortgage Lender and Servicer Alerts
Lack Of Pre-Acceleration Notice Defeats Lender
1 Jul 2017 | Mortgage Lender and Servicer Alerts
When The Borrower Says “I Wasn’t Served”
15 Jun 2017 | Mortgage Lender and Servicer Alerts
Again: Lender Loses All Because Statute Of Limitations Expired
1 Jun 2017 | Mortgage Lender and Servicer Alerts
Foreclosure Dismissed For Delay
15 May 2017 | Mortgage Lender and Servicer Alerts
Marketable Title: Possible Issues With Mortgage Assignments – Can They Defeat The Foreclosure Sale?
1 May 2017 | Mortgage Lender and Servicer Alerts
When The Insurance Company Must Pay The Lender
24 Apr 2017 | Recent Decisions
Berkman Henoch Obtains Defense Verdict on Behalf of Nassau County Police
15 Apr 2017 | Mortgage Lender and Servicer Alerts
Possible Remedy When Borrower Delays Or Runs Up Legal Fees In Foreclosure (Judiciary Law §487)
1 Apr 2017 | Mortgage Lender and Servicer Alerts
Release In Loan Mod Saves Lender – A Salutary Reminder
31 Mar 2017 | Recent Decisions
Berkman Henoch Obtains Injunction Prohibiting County Comptroller Audit of Town
15 Mar 2017 | Mortgage Lender and Servicer Alerts
Part Payment Fails To Rescue Lender From Statute Of Limitations Defeat
1 Mar 2017 | Mortgage Lender and Servicer Alerts
Settlement Conference Basis For Borrower’s Woefully Late Answer
15 Feb 2017 | Mortgage Lender and Servicer Alerts
Lender’s Mistake At Foreclosure Sale Not Basis To Set It Aside
1 Feb 2017 | Mortgage Lender and Servicer Alerts
A Simple (Or Not So Simple) Lesson About Deficiency Judgments
15 Jan 2017 | Mortgage Lender and Servicer Alerts
No 90-Day Letter For Action To Cancel Erroneous Satisfaction
1 Jan 2017 | Mortgage Lender and Servicer Alerts
Late Filing Of Information With Financial Services Dismisses Foreclosure
29 Dec 2016 | Articles
Criminal Considerations For Fiduciaries
15 Dec 2016 | Mortgage Lender and Servicer Alerts
Inevitable: More Lender Problems With Maintenance Requirement
1 Dec 2016 | Mortgage Lender and Servicer Alerts
How The Foreclosure Conference Mandate Can Become A Trap For Lenders
15 Nov 2016 | Mortgage Lender and Servicer Alerts
Condo Gets Bank Interest Reduced For Delay
1 Nov 2016 | Mortgage Lender and Servicer Alerts
At Long Last: 90-Day Notice Still Good After A Year
15 Oct 2016 | Mortgage Lender and Servicer Alerts
Is It A Home Loan Or Not Redux – The Lender’s Dilemma
1 Oct 2016 | Mortgage Lender and Servicer Alerts
Negligence Liability And The Lender Maintenance Requirement
15 Sep 2016 | Mortgage Lender and Servicer Alerts
No 90-Day Notice Required If Borrower Deceased
1 Sep 2016 | Mortgage Lender and Servicer Alerts
Foreclosure Frustration: Dismissal For Defense Not Even Raised!
15 Aug 2016 | Mortgage Lender and Servicer Alerts
More On The Dangerous New Foreclosure Statutes – Lender Perils
1 Aug 2016 | Mortgage Lender and Servicer Alerts
Accepting Mortgage Payments Or Condominium Fees When Legal Expenses Are Unpaid
15 Jul 2016 | Mortgage Lender and Servicer Alerts
New 90 Day Notice Requirements A Perilous Morass For Lenders
1 Jul 2016 | Mortgage Lender and Servicer Alerts
No Obligation To Take Deed In Lieu Or Short Sale (And Borrower Shotgun Defenses)
15 Jun 2016 | Mortgage Lender and Servicer Alerts
New York Pushing To Strengthen Borrower Lack Of Standing Defense
1 Jun 2016 | Mortgage Lender and Servicer Alerts
Foreclosure Undertaking Law Passed – How About $25,000.00 For Each Action!
15 May 2016 | Mortgage Lender and Servicer Alerts
No Mandatory Conference For Co-Op Loan In Foreclosure
1 May 2016 | Mortgage Lender and Servicer Alerts
Lender’s “Clerical Error” Not A Basis To Vacate Its Default
15 Apr 2016 | Mortgage Lender and Servicer Alerts
Was It A Home Loan Requiring A Conference?
1 Apr 2016 | Mortgage Lender and Servicer Alerts
Can Foreclosure Be Dismissed When Plaintiff Does Not Appear At Settlement Conference?
15 Mar 2016 | Mortgage Lender and Servicer Alerts
Election Of Remedies – OK To Foreclose Even Though Suing On Note
1 Mar 2016 | Mortgage Lender and Servicer Alerts
Interesting Look At Redemption – And A Dilemma For Lenders And Borrowers
15 Feb 2016 | Mortgage Lender and Servicer Alerts
Another Example Of Borrowers Trying Anything To Avoid Paying
1 Feb 2016 | Mortgage Lender and Servicer Alerts
90-Day Notice – A Trap For Lenders
15 Jan 2016 | Mortgage Lender and Servicer Alerts
Emphasizing That Sacred Right To Redeem
1 Jan 2016 | Mortgage Lender and Servicer Alerts
A New Twist On Election Of Remedies – Suit On Note Okay
15 Dec 2015 | Mortgage Lender and Servicer Alerts
The Perils Of Being A Mortgagee-In-Possession
1 Dec 2015 | Mortgage Lender and Servicer Alerts
Motion To Set Aside Foreclosure Sale, Some Principles: Borrower Loses
15 Nov 2015 | Mortgage Lender and Servicer Alerts
Just When You Thought It Went Away… The 30-Day Notice Defense
1 Nov 2015 | Mortgage Lender and Servicer Alerts
Assignment Of Mortgage; Watch Those Dangerous Tax Lien Foreclosures
15 Oct 2015 | Mortgage Lender and Servicer Alerts
Condo Lien As A Continuing Lien – And Why Lenders Care
1 Oct 2015 | Mortgage Lender and Servicer Alerts
Usury: Mortgage Void And Savings Clause Doesn’t Work
15 Sep 2015 | Mortgage Lender and Servicer Alerts
A Current Lender Basher: Affidavit Certificates Of Conformity
1 Sep 2015 | Mortgage Lender and Servicer Alerts
Another Crazy Borrower Defense Shot Down: The Broker Told Me…
15 Aug 2015 | Mortgage Lender and Servicer Alerts
When The Mortgage Tax Has Not Been Paid
1 Aug 2015 | Mortgage Lender and Servicer Alerts
Revisiting Two Important Concepts Lenders Should Know
15 Jul 2015 | Mortgage Lender and Servicer Alerts
Plaintiff Has No Standing – MERS Cannot Assign Note – Another Twist
1 Jul 2015 | Mortgage Lender and Servicer Alerts
Consolidated First Mortgage vs. Condo Lien: New Definitive Cases
15 Jun 2015 | Mortgage Lender and Servicer Alerts
Foreclosure As A Continuing Lender Trap – Notice To Tenants Requirement
1 Jun 2015 | Mortgage Lender and Servicer Alerts
Standing Claim Beats Lender Again – This Time For Lack Of Attention
15 May 2015 | Mortgage Lender and Servicer Alerts
Standing: Lender Loses; No Proof Note And Mortgage Delivered
1 May 2015 | Mortgage Lender and Servicer Alerts
Dare A Lender Delay In Moving For Appointment Of A Referee? (Only At Its Peril)
15 Apr 2015 | Mortgage Lender and Servicer Alerts
Ok To Record Assignment After Foreclosure Begun
1 Apr 2015 | Mortgage Lender and Servicer Alerts
Is The Forbearance or Settlement Agreement Enforceable?
15 Mar 2015 | Mortgage Lender and Servicer Alerts
Continuing Importance of Pre-Negotiation Letter With Borrower
1 Mar 2015 | Mortgage Lender and Servicer Alerts
How Crazy Is Foreclosure Practice – Win Some, Lose Some
15 Feb 2015 | Mortgage Lender and Servicer Alerts
Vital Basics On Critical Motion For Summary Judgment
1 Feb 2015 | Mortgage Lender and Servicer Alerts
Foreclosing Multiple Mortgages In One Action
15 Jan 2015 | Mortgage Lender and Servicer Alerts
Mortgage Modification – Is Consent Of Juniors Required?
5 Jan 2015 | Articles
Can Wills and Trusts Be Contest-Proofed?
1 Jan 2015 | Mortgage Lender and Servicer Alerts
The Consequences Of Sitting On A Foreclosure Judgment
15 Dec 2014 | Mortgage Lender and Servicer Alerts
Borrower Waiver Of Counterclaim Enforced
1 Dec 2014 | Mortgage Lender and Servicer Alerts
Bizarre Liability To Lender Upon Co-Op Foreclosure Sale
15 Nov 2014 | Mortgage Lender and Servicer Alerts
Borrower Settlement Negotiations And The Statute Of Limitations
1 Nov 2014 | Mortgage Lender and Servicer Alerts
Lender Possibly Liable For Fire Death At Mortgaged Premises
15 Oct 2014 | Mortgage Lender and Servicer Alerts
When The Court Declines To Discontinue The Foreclosure Action
14 Oct 2014 | Recent Decisions
Berkman Henoch Successfully Defends the Town of Hempstead
1 Oct 2014 | Mortgage Lender and Servicer Alerts
Settlement Conference Not Excuse For Borrower Default In Answering
29 Sep 2014 | Articles
Government Looks to Pin Down Tax Evaders
22 Sep 2014 | Articles
When There’s No Will, There Is a Way
15 Sep 2014 | Mortgage Lender and Servicer Alerts
Settlement Conference With Relative Of Deceased Borrower?
1 Sep 2014 | Mortgage Lender and Servicer Alerts
Process Service: Solving The Dilemma Of Serving The Doorman
15 Aug 2014 | Mortgage Lender and Servicer Alerts
Delaying The Settlement Conference – Severe Penalty to Lender
1 Aug 2014 | Mortgage Lender and Servicer Alerts
Servicer Problem With 30-Day Cure Letter Returns
15 Jul 2014 | Mortgage Lender and Servicer Alerts
Slow Foreclosure vs. Condo Lien – What Are The Rights?
1 Jul 2014 | Mortgage Lender and Servicer Alerts
Borrower Assails Lender In Federal Court – Again – And Loses
15 Jun 2014 | Mortgage Lender and Servicer Alerts
Standing: No Need To Endorse Note
1 Jun 2014 | Mortgage Lender and Servicer Alerts
When The Borrower Attacks The Action Time After Time
28 May 2014 | Articles
Letter to the Editor: Private collectors can abuse delinquents
15 May 2014 | Mortgage Lender and Servicer Alerts
Lender’s Good Faith At The Settlement Conference
1 May 2014 | Mortgage Lender and Servicer Alerts
90-Day Notice: Required For Suit On Note!
15 Apr 2014 | Mortgage Lender and Servicer Alerts
Duration Of The 90-Day Notice And Why It Matters
1 Apr 2014 | Mortgage Lender and Servicer Alerts
Court Attitudes Can Hurt Lenders
15 Mar 2014 | Mortgage Lender and Servicer Alerts
Does The Conference Mandate Apply To All Residential Property?
1 Mar 2014 | Mortgage Lender and Servicer Alerts
No End To Delay – Allowing Borrower To Amend Answer
15 Feb 2014 | Mortgage Lender and Servicer Alerts
What Are You Really Up Against When You Foreclose?
1 Feb 2014 | Mortgage Lender and Servicer Alerts
Hidden Danger Of The Misindexed Mortgage
21 Jan 2014 | Articles | Recent Decisions
‘Brewer’ Raises New Issues Regarding Estate Distribution
15 Jan 2014 | Mortgage Lender and Servicer Alerts
Is There Discovery For The Referee’s Hearing?
1 Jan 2014 | Mortgage Lender and Servicer Alerts
Can They Foreclose The Tax Lien Without Notice To The Mortgage Assignee?
15 Dec 2013 | Mortgage Lender and Servicer Alerts
Bankruptcy – The Briefest Of Primers
11 Dec 2013 | Recent Decisions
Condemnation / Eminent Domain Recent Decision: Matter of the City of New York [Beach 46th Street]
1 Dec 2013 | Mortgage Lender and Servicer Alerts
Settling The Case When The Borrower Has No Counsel?
15 Nov 2013 | Mortgage Lender and Servicer Alerts
Lender “Bad” Practices In Other Cases Meaningful?
1 Nov 2013 | Mortgage Lender and Servicer Alerts
More Lender Peril: When Courts Don’t Understand Foreclosures
15 Oct 2013 | Mortgage Lender and Servicer Alerts
When The Court Won’t Strike The “John Doe” Defendants
1 Oct 2013 | Mortgage Lender and Servicer Alerts
Eviction After Foreclosure: When Do You Really Need To Do It?
16 Sep 2013 | Articles
Changing Family Demographics Bring Increased Will Disputes
15 Sep 2013 | Mortgage Lender and Servicer Alerts
Did Your Borrower Own The Mortgaged Property? – It Really Does Matter
1 Sep 2013 | Mortgage Lender and Servicer Alerts
More On No Need To Change Plaintiff Upon Assignment Of Mortgage – The Non-Issue Of Standing
15 Aug 2013 | Mortgage Lender and Servicer Alerts
How Much Delay From Borrower’s Motion To Dismiss?
1 Aug 2013 | Mortgage Lender and Servicer Alerts
Servicer’s Disaster With Process Service – Again
15 Jul 2013 | Mortgage Lender and Servicer Alerts
Bankruptcy And The 90-Day Notice – What Does The Servicer Do?
1 Jul 2013 | Mortgage Lender and Servicer Alerts
More Craziness In New York Foreclosures, Standing Issue – With Rescue
19 Jun 2013 | Recent Decisions
Condemnation / Eminent Domain Recent Decision: Matter of the City of New York [Chandler Street]
15 Jun 2013 | Mortgage Lender and Servicer Alerts
Eviction After Foreclosure – Some Help From The Courts
1 Jun 2013 | Mortgage Lender and Servicer Alerts
The Incessant Issue Of Standing – A Stern Servicer Lesson
15 May 2013 | Mortgage Lender and Servicer Alerts
Standing: Yes, The Servicing Agent Can Foreclose In Its Own Name
1 May 2013 | Mortgage Lender and Servicer Alerts
The Settlement Conference: What Is Good Faith?
15 Apr 2013 | Mortgage Lender and Servicer Alerts
More Mahem With The Attorney’s Affirmation – And A Frightening Decision
1 Apr 2013 | Mortgage Lender and Servicer Alerts
Mortgage Declared Void – Reversed On Appeal
15 Mar 2013 | Mortgage Lender and Servicer Alerts
Danger In Settlement Negotiations Redux
1 Mar 2013 | Mortgage Lender and Servicer Alerts
Now The Lender Maintenance Obligation Really Hurts
15 Feb 2013 | Mortgage Lender and Servicer Alerts
Watch Out For Effect Of Mortgage Modification On Guarantor
1 Feb 2013 | Mortgage Lender and Servicer Alerts
Two Lessons: Borrower Loses Motion To Dismiss; Lender is Sanctioned
15 Jan 2013 | Mortgage Lender and Servicer Alerts
Order To Show Cause Must Be Served As It Directs
1 Jan 2013 | Mortgage Lender and Servicer Alerts
Assigning The Mortgage – No Need To Substitute Plaintiff
15 Dec 2012 | Mortgage Lender and Servicer Alerts
When The Bidder Wants Out – After A Long Time
1 Dec 2012 | Mortgage Lender and Servicer Alerts
Extension Of Statute Of Limitations And The Subsequent Lender
15 Nov 2012 | Mortgage Lender and Servicer Alerts
When The Borrower Forges The Insurance Check (Relationship To Deed In Lieu And Deficiencies)
1 Nov 2012 | Mortgage Lender and Servicer Alerts
Continuing Strange Burden Of The Attorney Affirmation
15 Oct 2012 | Mortgage Lender and Servicer Alerts
Paying Taxes And Lender’s Fiduciary Duty
1 Oct 2012 | Mortgage Lender and Servicer Alerts
Selling The Loan – Be Careful With Warranties
15 Sep 2012 | Mortgage Lender and Servicer Alerts
Must A Lender Purchase Fire Insurance For A Defaulting Borrower?
1 Sep 2012 | Mortgage Lender and Servicer Alerts
Preparing The Forbearance Agreement In House
15 Aug 2012 | Mortgage Lender and Servicer Alerts
No, The Mortgage Was Not Unconscionable
1 Aug 2012 | Mortgage Lender and Servicer Alerts
How Late Can Borrower Claim It Did Not Get 30-Day Notice?
15 Jul 2012 | Mortgage Lender and Servicer Alerts
Deficiency Judgment Time Limit Problems – Again
1 Jul 2012 | Mortgage Lender and Servicer Alerts
The Attorney’s Affirmation – A Dismaying Decision
15 Jun 2012 | Mortgage Lender and Servicer Alerts
The Sharp Borrower And Tender Of Arrears
1 Jun 2012 | Mortgage Lender and Servicer Alerts
More New Foreclosure Laws: Attorney Certificate Of Merit
15 May 2012 | Mortgage Lender and Servicer Alerts
Two Lender Mistakes In One Case – Wrong Satisfaction And Delay
1 May 2012 | Mortgage Lender and Servicer Alerts
Sympathy Is Not A Defense To Foreclosure
15 Apr 2012 | Mortgage Lender and Servicer Alerts
Assigning The Surplus Money Claim
1 Apr 2012 | Mortgage Lender and Servicer Alerts
Second Mortgages – When To Write The Check To The Senior?
15 Mar 2012 | Mortgage Lender and Servicer Alerts
(Who Cares About) Entering The Foreclosure Judgment
1 Mar 2012 | Mortgage Lender and Servicer Alerts
Servicers Barred From Getting Borrower Waiver Of Defenses In Settlement
15 Feb 2012 | Mortgage Lender and Servicer Alerts
Deficiencies – Must Watch That Ninety-Day Window
1 Feb 2012 | Mortgage Lender and Servicer Alerts
Process Service Is Everything
1 Jan 2012 | Mortgage Lender and Servicer Alerts
No Usury For LLC
15 Dec 2011 | Mortgage Lender and Servicer Alerts
Lack Of “Attorney Affirmation” Proves Fatal To Foreclosure
1 Dec 2011 | Mortgage Lender and Servicer Alerts
Standing: Still A Waivable Defense – For Now
15 Nov 2011 | Mortgage Lender and Servicer Alerts
No Need To Substitute Plaintiff Upon Mortgage Assignment
1 Nov 2011 | Mortgage Lender and Servicer Alerts
Bringing The Foreclosure Action In The Servicer’s Name
15 Oct 2011 | Mortgage Lender and Servicer Alerts
More On Summons Publication Problems
1 Oct 2011 | Mortgage Lender and Servicer Alerts
When Your Borrowers Are Missing
15 Sep 2011 | Mortgage Lender and Servicer Alerts
Can A Receiver Sell The Mortgaged Property?
1 Sep 2011 | Mortgage Lender and Servicer Alerts
Closing Delay Not Basis To Vacate Bid
15 Aug 2011 | Mortgage Lender and Servicer Alerts
90-Day Notice For Co-Op Foreclosure: Strictly Enforced
1 Aug 2011 | Mortgage Lender and Servicer Alerts
Disputed Amount Still Not A Defense To Foreclosure
15 Jul 2011 | Mortgage Lender and Servicer Alerts
Is The Deed In Lieu Of Foreclosure Now Safe?
1 Jul 2011 | Mortgage Lender and Servicer Alerts
Eviction After Foreclosure – The Continuing Problem
15 Jun 2011 | Mortgage Lender and Servicer Alerts
Foreclosing Plaintiff Liable For Duty Of Care In Conducting Sale?
1 Jun 2011 | Mortgage Lender and Servicer Alerts
Proposed NYC Statutes To Seriously Burden Foreclosures
15 May 2011 | Mortgage Lender and Servicer Alerts
When A Settlement Agreement Does Not End The Foreclosure
1 May 2011 | Mortgage Lender and Servicer Alerts
When Can They Sue The Lender For An Accident At The Property?
15 Apr 2011 | Mortgage Lender and Servicer Alerts
Standing Is A Waivable Defense (For The Moment)
1 Apr 2011 | Mortgage Lender and Servicer Alerts
When The Borrower Sues The Lender In Federal Court
25 Mar 2011 | Mortgage Lender and Servicer Alerts
Proposed Law On Lender’s Standing Presents Real Danger To Mortgage Enforcement
15 Mar 2011 | Mortgage Lender and Servicer Alerts
New Case On Borrower’s Carveout Liability
1 Mar 2011 | Mortgage Lender and Servicer Alerts
More Trouble With Publication (But The Good Guys Won, Sort Of…)
15 Feb 2011 | Mortgage Lender and Servicer Alerts
Lender Pays Property Taxes In Error
1 Feb 2011 | Mortgage Lender and Servicer Alerts
Watch Our For The Settlement Stipulation
15 Jan 2011 | Mortgage Lender and Servicer Alerts
Waiver Of Defenses Means Waiver Of Defenses
1 Jan 2011 | Mortgage Lender and Servicer Alerts
More Strictness On The 90-Day Notice
15 Dec 2010 | Mortgage Lender and Servicer Alerts
New Affirmation Rule For New York Foreclosures
1 Dec 2010 | Mortgage Lender and Servicer Alerts
The Newspaper Said The Foreclosure Was No Good
22 Nov 2010 | Mortgage Lender and Servicer Alerts
Court Cancellation Of Lender’s Mortgage Reversed
15 Nov 2010 | Mortgage Lender and Servicer Alerts
Law Signed: Legal Fees To Successful Borrowers
1 Nov 2010 | Mortgage Lender and Servicer Alerts
What Happens If The Current Crisis Overturns Foreclosure Sales?
15 Oct 2010 | Mortgage Lender and Servicer Alerts
The Case Of The Recalcitrant Receiver – Or Why Receiverships Are Longer Than You Think
1 Oct 2010 | Mortgage Lender and Servicer Alerts
Service Of Process – The Underlying Danger to Foreclosures
15 Sep 2010 | Mortgage Lender and Servicer Alerts
Watch Out For A Deed In Lieu As Security
1 Sep 2010 | Mortgage Lender and Servicer Alerts
New 90-Day Notice – The Full Story
15 Aug 2010 | Mortgage Lender and Servicer Alerts
Danger In Securing Mortgaged Premises
1 Aug 2010 | Mortgage Lender and Servicer Alerts
New Law On The Way: Lender Pays Borrower’s Legal Fees!
15 Jul 2010 | Mortgage Lender and Servicer Alerts
Service Of Process – The Underlying Danger To Foreclosures
1 Jul 2010 | Mortgage Lender and Servicer Alerts
When Someone Trips At The Mortgaged Premises – And Sues The Servicer
15 Jun 2010 | Mortgage Lender and Servicer Alerts
More On Service Of Process Woes In The Foreclosure Case
1 Jun 2010 | Mortgage Lender and Servicer Alerts
A Thought On Structuring Settlements – The Mortgage Modification
15 May 2010 | Mortgage Lender and Servicer Alerts
Maybe The Default Notice Need Not Be Perfect
1 May 2010 | Mortgage Lender and Servicer Alerts
When Counsel Needs That Information For Summary Judgment
15 Apr 2010 | Mortgage Lender and Servicer Alerts
Strict Interpretation Of New Foreclosure Mandates – Yet Again
1 Apr 2010 | Mortgage Lender and Servicer Alerts
Courts Still Strong On New Foreclosure Requirements
15 Mar 2010 | Mortgage Lender and Servicer Alerts
90-Day Notice For Suite On Note?
1 Mar 2010 | Mortgage Lender and Servicer Alerts
Two Foreclosure Actions At The Same Time Won’t Work
15 Feb 2010 | Mortgage Lender and Servicer Alerts
Commercial Property: Effect Of New Foreclosure Statute
1 Feb 2010 | Mortgage Lender and Servicer Alerts
Another Warning On Deficiency Judgments
15 Jan 2010 | Mortgage Lender and Servicer Alerts
No Notice Means No Notice
1 Jan 2010 | Mortgage Lender and Servicer Alerts
New Foreclosure Statute – Effect On Titles
21 Dec 2009 | Mortgage Lender and Servicer Alerts
New York’s New Foreclosure Statute – A Critical Analysis – Danger, Delay, Expense, Imprecision
16 Dec 2009 | Mortgage Lender and Servicer Alerts
New Foreclosure Statute In New York
15 Dec 2009 | Mortgage Lender and Servicer Alerts
Escaping From The Automatic Stay
1 Dec 2009 | Mortgage Lender and Servicer Alerts
Foreclosing A Mortgage The Lender Doesn’t Own
15 Nov 2009 | Mortgage Lender and Servicer Alerts
Lender Flimflamed
1 Nov 2009 | Mortgage Lender and Servicer Alerts
Lender Must Have Assignment Of Mortgage Before Action – Case Dismissed!
15 Oct 2009 | Mortgage Lender and Servicer Alerts
Yes – The Insurance Company Has To Pay You
1 Oct 2009 | Mortgage Lender and Servicer Alerts
When A Party Is Missed In The Foreclosure – Some Thoughts And Solutions
15 Sep 2009 | Mortgage Lender and Servicer Alerts
Extending Lis Pendens – Bankruptcy As Cause
1 Sep 2009 | Mortgage Lender and Servicer Alerts
Non-Judicial Foreclosure In New York Repealed
15 Aug 2009 | Mortgage Lender and Servicer Alerts
How Does A Servicer Ever Lose A Foreclosure?
1 Aug 2009 | Mortgage Lender and Servicer Alerts
Statute Of Limitations Defeats Lender – Again
15 Jul 2009 | Mortgage Lender and Servicer Alerts
Some Important Points About Guaranties
1 Jul 2009 | Mortgage Lender and Servicer Alerts
New Notice Statutes Mean Business
15 Jun 2009 | Mortgage Lender and Servicer Alerts
Forbearance Agreement And Acceptance Of Payments
1 Jun 2009 | Mortgage Lender and Servicer Alerts
The Continuing Problem Of Mortgage Assignments
15 May 2009 | Mortgage Lender and Servicer Alerts
Forged Or Fraudulent Deed As Basis Of Mortgage
1 May 2009 | Mortgage Lender and Servicer Alerts
When The Defaulting Borrower Sends A check – Take It Or Leave It?
15 Apr 2009 | Mortgage Lender and Servicer Alerts
“The Mortgage Was A Fraud On Me”
1 Apr 2009 | Mortgage Lender and Servicer Alerts
Responding To A Payoff Letter Request
15 Mar 2009 | Mortgage Lender and Servicer Alerts
Lender’s Insurance Claim vs. Deficiency – A New Exception
1 Mar 2009 | Mortgage Lender and Servicer Alerts
Bidder Must Pay Interest And Taxes On Bid
15 Feb 2009 | Mortgage Lender and Servicer Alerts
Election Of Remedies: The Problem Of Suing On The Note After Beginning Foreclosure
1 Feb 2009 | Mortgage Lender and Servicer Alerts
Deficiency Judgments – A New Look
15 Jan 2009 | Mortgage Lender and Servicer Alerts
Subprime Loans – What Does Owner Occupied Mean?
1 Jan 2009 | Mortgage Lender and Servicer Alerts
Q. & A. For The New Subprime Statute
15 Dec 2008 | Mortgage Lender and Servicer Alerts
The Late Charge Story
1 Dec 2008 | Mortgage Lender and Servicer Alerts
Second Mortgages – When To Write The Check To The Senior?
15 Nov 2008 | Mortgage Lender and Servicer Alerts
Service Of Process Woes
1 Nov 2008 | Mortgage Lender and Servicer Alerts
Good News – Use And Occupation In The Strict Foreclosure Case
15 Oct 2008 | Mortgage Lender and Servicer Alerts
Settlement Negotiations Fatal To Foreclosure
1 Oct 2008 | Mortgage Lender and Servicer Alerts
So They Demolished Your Building (The One Where You Have A Mortgage) Who Would Do That?
15 Sep 2008 | Mortgage Lender and Servicer Alerts
More On Surplus Monies – No Need To File A Claim!
1 Sep 2008 | Mortgage Lender and Servicer Alerts
Demand Letters, Acceleration letters And The New Statute – A Primer
27 Aug 2008 | Mortgage Lender and Servicer Alerts
Vital New Foreclosure Notice Law In New York
15 Aug 2008 | Mortgage Lender and Servicer Alerts
More On A Duty Not Owned By Lenders
1 Aug 2008 | Mortgage Lender and Servicer Alerts
A Duty Not Owed By Lenders
15 Jul 2008 | Mortgage Lender and Servicer Alerts
The Case Of The Recalcitrant Receiver – Or Why Receiverships Are Longer Than You Think
1 Jul 2008 | Mortgage Lender and Servicer Alerts
Implemented And Pending Mortgage Statutes In New York
15 Jun 2008 | Mortgage Lender and Servicer Alerts
Loss Mitigation: Forbearance Agreement And Notice To The Borrower
1 Jun 2008 | Mortgage Lender and Servicer Alerts
Can A Servicer Be Hurt In A Strict Foreclosure?
15 May 2008 | Mortgage Lender and Servicer Alerts
When A Foreclosure Sale Bidder Defaults – A Primer
1 May 2008 | Mortgage Lender and Servicer Alerts
The Perils Of Publication
15 Apr 2008 | Mortgage Lender and Servicer Alerts
Process Service And Foreclosure Sale Problems
1 Apr 2008 | Mortgage Lender and Servicer Alerts
Servicer Errors To Avoid
15 Mar 2008 | Mortgage Lender and Servicer Alerts
Reject The Post Acceleration Check? Dispelling The Myth
1 Mar 2008 | Mortgage Lender and Servicer Alerts
Loss Mitigation In The Subprime Era
15 Feb 2008 | Mortgage Lender and Servicer Alerts
Notice Vs. Acceleration
1 Feb 2008 | Mortgage Lender and Servicer Alerts
Still Hard To Undo Foreclosure Sale
15 Jan 2008 | Mortgage Lender and Servicer Alerts
Forgery – Not Such An Easy Defense
1 Jan 2008 | Mortgage Lender and Servicer Alerts
Beware The Forged Deed
15 Dec 2007 | Mortgage Lender and Servicer Alerts
Identity Theft – Effect On Foreclosure
1 Dec 2007 | Mortgage Lender and Servicer Alerts
Eviction After Foreclosure – What About A Tenant With A Lease
15 Nov 2007 | Mortgage Lender and Servicer Alerts
Election Of Remedies – A Twist On Suing On The Note
1 Nov 2007 | Mortgage Lender and Servicer Alerts
Fraud And Breach Of Mortgage
15 Oct 2007 | Mortgage Lender and Servicer Alerts
Attacking Multiple Bankruptcy Filings
1 Oct 2007 | Mortgage Lender and Servicer Alerts
Loss Mitigation – Can A Mortgage Modification Agreement Incur Mortgage Tax?
15 Sep 2007 | Mortgage Lender and Servicer Alerts
The Payoff Letter Must Be Accurate
1 Sep 2007 | Mortgage Lender and Servicer Alerts
And Still Foreclosures Become Harder
15 Aug 2007 | Mortgage Lender and Servicer Alerts
Process Service – A Constant Danger
1 Aug 2007 | Mortgage Lender and Servicer Alerts
New Law: Makes More Room For Mistakes In Foreclosures
15 Jul 2007 | Mortgage Lender and Servicer Alerts
Still More On The Statute Of Limitations (Servicer Wins One)
1 Jul 2007 | Mortgage Lender and Servicer Alerts
Delaying Borrowers Banished
15 Jun 2007 | Mortgage Lender and Servicer Alerts
Still Ok To Take Partial Payment After Acceleration
1 Jun 2007 | Mortgage Lender and Servicer Alerts
Still Hard To Undo Foreclosure Sale
15 May 2007 | Mortgage Lender and Servicer Alerts
More On The New Deed-In-Lieu Problem
1 May 2007 | Mortgage Lender and Servicer Alerts
Can You Still Take A Deed-In-Lieu In New York?
15 Apr 2007 | Mortgage Lender and Servicer Alerts
Lis Pendens In The Foreclosure Case
1 Apr 2007 | Mortgage Lender and Servicer Alerts
More Problems With Process Service
15 Mar 2007 | Mortgage Lender and Servicer Alerts
Second Mortgages – When To Write The Check To The Senior?
1 Mar 2007 | Mortgage Lender and Servicer Alerts
Loss Mitigation – Honor Thy Modification Agreement
15 Feb 2007 | Mortgage Lender and Servicer Alerts
Statute Of Limitations And The USA-2
1 Feb 2007 | Mortgage Lender and Servicer Alerts
So Who Get’s The Payoff Check?
15 Jan 2007 | Mortgage Lender and Servicer Alerts
Borrower’s Purchaser Cutoff
1 Jan 2007 | Mortgage Lender and Servicer Alerts
Statute Of Limitations And The USA
15 Dec 2006 | Mortgage Lender and Servicer Alerts
More Problems With Process Service
1 Dec 2006 | Mortgage Lender and Servicer Alerts
Eve Of Sale Settlement – A New Twist
20 Nov 2006 | Mortgage Lender and Servicer Alerts
Forbearance Agreement: Another Lender Win
15 Nov 2006 | Mortgage Lender and Servicer Alerts
The 20 Greatest Loan Servicing Myths; From Mortgage Banking Magazine
1 Nov 2006 | Mortgage Lender and Servicer Alerts
Does Lender’s Wrongful Demand Stop Interest?
15 Oct 2006 | Mortgage Lender and Servicer Alerts
Who Is The Plaintiff In The Foreclosure – It Really Matters
1 Oct 2006 | Mortgage Lender and Servicer Alerts
Bid Mistake At Foreclosure Sale – No Excuse For Lender
15 Sep 2006 | Mortgage Lender and Servicer Alerts
Repeal Of The 60-Day Rule
1 Sep 2006 | Mortgage Lender and Servicer Alerts
Bankruptcy Filing After Auction Sale – No Problem
15 Aug 2006 | Mortgage Lender and Servicer Alerts
New Statute – Foreclosures To Become More Perilous In New York
1 Aug 2006 | Mortgage Lender and Servicer Alerts
When The Borrower Asks For An Assignment Of Mortgage
15 Jul 2006 | Mortgage Lender and Servicer Alerts
Can Borrowers Claim Rights Under The Pooling And Servicing Agreement?
1 Jul 2006 | Mortgage Lender and Servicer Alerts
Good News For Eviction After Foreclosure
15 Jun 2006 | Mortgage Lender and Servicer Alerts
Second Mortgage Claiming Surplus
1 Jun 2006 | Mortgage Lender and Servicer Alerts
A Settlement Stipulation Which Backfired
15 May 2006 | Mortgage Lender and Servicer Alerts
So How Good Is That Forbearance Agreement?
1 May 2006 | Mortgage Lender and Servicer Alerts
Again (!) Watch Out For Process Service
15 Apr 2006 | Mortgage Lender and Servicer Alerts
Suing The Guarantor – When The Borrower’s Bankruptcy Doesn’t Matter
1 Apr 2006 | Mortgage Lender and Servicer Alerts
Save Money – Skip The 30 Day Breach
15 Mar 2006 | Mortgage Lender and Servicer Alerts
Just To Feel Good; Loss Mitigation (A Defense Which Failed)
1 Mar 2006 | Mortgage Lender and Servicer Alerts
Settling The Foreclosure – Another Possible Problem
15 Feb 2006 | Mortgage Lender and Servicer Alerts
Foreclosure And Fire Loss – Sue Insurance Company First?
1 Feb 2006 | Mortgage Lender and Servicer Alerts
Another Warning On Deficiency Judgments
15 Jan 2006 | Mortgage Lender and Servicer Alerts
Delays In New York Foreclosure – New Rule May Help
1 Jan 2006 | Mortgage Lender and Servicer Alerts
Can New York Tell You What Interest To Charge?
15 Dec 2005 | Mortgage Lender and Servicer Alerts
New Peril In Co-Op Foreclosure
1 Dec 2005 | Mortgage Lender and Servicer Alerts
New Statute-Penalties For Failure To Timely Issue Mortgage Satisfaction
15 Nov 2005 | Mortgage Lender and Servicer Alerts
Good News: New Statute In New York – Successors Lis Pendens Allowed
1 Nov 2005 | Mortgage Lender and Servicer Alerts
Statute Of Limitations Sinks Lender…Yet Again
15 Oct 2005 | Mortgage Lender and Servicer Alerts
When The Wife Signs The Mortgage – Consideration
1 Oct 2005 | Mortgage Lender and Servicer Alerts
Eve Of Sale Order To Show Cause – Borrower’s Petard This Time
15 Sep 2005 | Mortgage Lender and Servicer Alerts
Borrower’s Husband Files Bankruptcy – Who Cares?
1 Sep 2005 | Mortgage Lender and Servicer Alerts
Borrower Forgets Legal Fees
15 Aug 2005 | Mortgage Lender and Servicer Alerts
Non-Judicial Foreclosure Renewed In New York – Again
1 Aug 2005 | Mortgage Lender and Servicer Alerts
Fraud And Breach Of Mortgage
15 Jul 2005 | Mortgage Lender and Servicer Alerts
When The Referee Gives You A Hard Time (Or What Does The Referee Get Paid To Sell?)
1 Jul 2005 | Mortgage Lender and Servicer Alerts
What’s The Interest Rate On Your Foreclosure Judgment?
15 Jun 2005 | Mortgage Lender and Servicer Alerts
Money Judgment – When The Borrower Flees To Another State
1 Jun 2005 | Mortgage Lender and Servicer Alerts
Statute Of Limitations Sinks Lender – Again
15 May 2005 | Mortgage Lender and Servicer Alerts
When Counsel Needs That Information For Summary Judgment
1 May 2005 | Mortgage Lender and Servicer Alerts
Graciousness In Loss Mitigation Bites Servicer – Bad
15 Apr 2005 | Mortgage Lender and Servicer Alerts
Bankruptcy Glitch Which Didn’t Hurt The Lender
1 Apr 2005 | Mortgage Lender and Servicer Alerts
Should The Lender Lose When It Goofs?
15 Mar 2005 | Mortgage Lender and Servicer Alerts
Explaining Co-Ops
1 Mar 2005 | Mortgage Lender and Servicer Alerts
So the Borrower Lied On The Application
15 Feb 2005 | Mortgage Lender and Servicer Alerts
Can You Take A Check After Acceleration?
1 Feb 2005 | Mortgage Lender and Servicer Alerts
Loss Mitigation – When A Deed-In-Lieu Isn’t
15 Jan 2005 | Mortgage Lender and Servicer Alerts
Is The Sale Good Even With A Bankruptcy Stay?
1 Jan 2005 | Mortgage Lender and Servicer Alerts