12/20/2021 6:03:33 PM Lender and Servicer Defenses to FDCPA Claims By Andrew Messite James Faller Ruhi Behal Where plaintiffs assert civil claims alleging violations of the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. §§...
11/19/2021 8:58:07 PM Second Circuit Reverses Course Post-TransUnion, Finds No Standing in Unrecorded Mortgage Discharge Class Action By Diane Bettino David Murphy On November 17, 2021, on its review en banc of its prior decision, the United States Court of Appeals for the Second Circuit changed its...
10/19/2021 8:49:03 PM De-Acceleration Notices, Post-Engel By Andrew Messite Michael Margarella In the wake of the Court of Appeals’ landmark decision in Freedom Mortgage v. Engel, 2021 NY Slip Op 01090 (2021), the Second Department...
8/27/2021 8:04:07 PM Supreme Court Declares CDC Eviction Moratorium Unconstitutional By Diane Bettino Greyson Van Dyke Late Thursday evening, the Supreme Court of the United States issued an opinion to reinstate a court order blocking the Centers for...
7/7/2021 5:26:50 PM Agency Director Ousted Immediately Following the Supreme Court’s Ruling that the FHFA’s Structure to be Unconstitutional By Greyson Van Dyke In a 7-2 decision, the Supreme Court of the United States ruled that the Federal Housing Finance Agency’s (“FHFA”) statutory structure,...
6/28/2021 4:14:04 PM New Settlement Exhibits CFPB’s Continued Focus on Transparency for Short-Term Loans By Andrew Messite Natsayi Mawere Rebecca Tesfaye The Consumer Financial Protection Bureau (“CFPB”) recently took aim at Driver Loan LLC (the “Company”), a company which frequently offers...
4/26/2021 6:38:45 PM Strict Foreclosure and Reforeclosure – Options in Foreclosing on Omitted Parties By Andrew Messite Michael Margarella “The absence of a necessary party in a foreclosure action leaves that party’s rights unaffected by the judgment and sale, and the...
4/7/2021 2:06:50 PM CPLR 3216 Dismissal Demands Compliance from All – Courts Included By Andrew Messite James Faller As vaccination rates increase, holds on foreclosure actions expire, and the courts slowly return to addressing their largely frozen...
4/1/2021 6:40:29 PM SCOTUS Unanimously Reverses Ninth Circuit in Facebook v. Duguid, Limits TCPA Autodialer Definition By Diane Bettino David Murphy On April 1, 2021, the Supreme Court of the United States issued its highly anticipated decision in the Facebook Inc. v. Duguid matter. ...
3/26/2021 12:16:36 AM To Forgive or Not to Forgive a CPLR 3215(c) Violation in a Residential Mortgage Foreclosure By Andrew Messite Kerren Zinner CPLR 3215(c) requires a plaintiff to take proceedings for entry of judgment within one year of default or face dismissal of the action as...
3/9/2021 7:05:02 PM The Appellate Courts Look at the Waiver of Standing Defenses post-RPAPL § 1302-a By Andrew Messite Natsayi Mawere Prior to the enactment of Real Property Actions and Proceeding Law (“RPAPL”) § 1302-a, defendants waived their affirmative defense of...
2/24/2021 8:17:36 PM Recent Developments in Demonstrating Standing to Foreclose in New York as the Court of Appeals Weighs Back In By Andrew Messite Michael Margarella In JPMorgan Chase Bank, N.A. v Caliguri, 36 N.Y.3d 953 (2020), the Court of Appeals recently clarified how a lender establishes standing...
2/10/2021 2:44:28 PM Split Among NY Appellate Divisions on Note Enforcement After Mortgage Statute of Limitations, Setting Stage for Court of Appeals By Andrew Messite James Faller The Appellate Division, Third Department recently issued a decision in Citimortgage, Inc. v Ramirez, ___AD3d___, 2020 NY Slip Op 07970...