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...
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...