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...
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...
2/10/2021 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...