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...
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...
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...
5/27/2020 6:04:01 PM RPAPL Arguments May be Waived: Case of Appellate First Impression By Diane Bettino Andrew Messite Michael Margarella In a case of appellate first impression in New York, the Appellate Division, Second Department, held that a mortgagor cannot make a Real...
3/21/2020 3:19:58 PM How COVID-19 is Impacting Mortgage Lenders By Diane Bettino Greyson Van Dyke As the sheer impact of COVID-19 continues to unfold, federal agencies are implementing policies across the country in an effort to lessen...
1/31/2020 2:25:29 PM The Often Overlooked Federal Protections to Tenants in Foreclosure Actions By Diane Bettino Greyson Van Dyke For institutional lenders, the filing of any foreclosure action requires careful navigation and compliance with various state and federal...