The more I read this 7-page decision, the more I love it. Shoutout to Judge Edmund Dane for this beautiful…
Whether you’re seeking a reinstatement, repayment plan, loan modification/reconstruction, short pay, short sale, or any other default resolution, we will…
This plaintiff could not even establish that it has standing to bring a foreclosure action against my clients. Unable to…
The Homeowner Assistance Fund (“HAF”) is a federally-funded program (nearly $10 billion) established to assist homeowners facing foreclosure as a…
Throughout the course of a mortgage loan, there may be several servicer transfers and mortgage assignments. This is especially true…
Bank’s Motion for Summary Judgment denied (twice)! In this Suffolk matter, we successfully opposed the bank’s submissions for Summary Judgment,…
Exactly four years after my original post regarding the foreclosure scam notices from the “equal housing opportunity” (original post can…
Happy Super Bowl Sunday! Sometimes, foreclosure settlements do not come so easy. At times, you may have to appear at…
Nassau County foreclosure action dismissed! In this matter, after the parties could not reach a settlement, the bank’s litigation attorneys…
I was referred this 2014 case in 2020 by a past client. The bank had already filed its Motion for…
Bank’s Motion for Summary Judgment Denied! (Nassau County Supreme Court) In opposition, I explained to the Court that one (of…
In an effort to avoid litigation, this bank agreed to forgive over $200k of my client’s mortgage loan balance! With…
Another day, another dismissal. In this matter, the Court found our Opposition to plaintiff’s Motion for Summary Judgment to be…
Suffolk County Supreme Court has been filing letters in foreclosure actions (like the one below), asking for a status and…
Here is one of our Suffolk County foreclosure cases where the Supreme Court granted our Motion to dismiss pursuant to…
Some banks are taking initiative and discontinuing foreclosure actions where the RPAPL § 1304 notices contain Kessler (decided December 15,…
Nassau County Supreme Court is now requiring plaintiffs in residential foreclosure actions to file an additional Affirmation for pending motions…
The hardship stay provided under New York State’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (“EEFPA”) officially expired on January…
Here’s another example of where a foreclosure action against you can actually save you big money. In an effort to…
Big banks, medium banks and little banks… anybody can get this settlement smoke. Whether through a short reinstatement, repayment plan,…
The eviction and foreclosure protections under New York’s Hardship Declaration stay have been extended to January 15, 2022. However, plaintiffs…
Whether it’s a $30k credit card lawsuit, or a mortgage foreclosure action against your million-dollar property, know that we’ve got…
Some free advice to new attorneys… and large litigation firms: do not be sloppy. Even in the day of electronic…
Governor Andrew Cuomo recently signed legislation, which inter alia, extends the protections under the COVID-19 Emergency Eviction and Foreclosure Prevention…
After numerous submissions, resubmissions, objections, settlements conferences, and recorded phone conversations with plaintiff (where the bank cannot clarify its own…
Don’t have an attorney and need to submit your COVID-19 hardship to stay a foreclosure action or eviction proceeding? See…
When I’m not litigating, I’m settling. Here’s another foreclosure settlement by loan modification with a big bank and firm. Plaintiff…
My newest client hired several “foreclosure specialists” and paid thousands of dollars for “legal services” before retaining me last Friday.…
Courts are now following up for statuses on active foreclosure matters and asking plaintiffs to advance cases when appropriate. Here…
While banks are still prohibited from commencing new foreclosure actions, some firms are advancing/concluding existing actions. Here is a matter…
Governor Cuomo issued Executive Order No. 202.28 last night, which, inter alia, extends the moratorium on COVID-related evictions and late…
As of Friday, March 20th, banks were still filing new foreclosure actions statewide. This new Administrative Order, effective immediately, restricts…
All of my court appearances scheduled this week in Queens, Nassau and Suffolk have been adjourned to April and May.…
We successfully opposed this bank’s Motion for Summary Judgment in the Queens County Supreme Court. After settlement discussions fell through,…
This bank recently offered us a loan modification (after years of purported default) on one of our Suffolk County cases…
We settled another foreclosure matter where the bank waived all interest, legal fees and late charges in an effort to…
The Queens County Supreme Court granted our pre-Answer Motion to Dismiss against a big bank and large NYC litigation firm…
Pursuant to CPLR § 3408(h) [a] party to a foreclosure action may not charge, impose, or otherwise require payment from…
Prior to commencing a foreclosure action on owner-occupied property in New York State, a lender must serve a ninety (90)…
Beware of scammers! I explained in an earlier post that foreclosure actions are public record and that you’re going to…
“Banks are disorganized, bank attorneys are reckless, and the trial courts need to do better.” That’s how I interpret the…
Whether you’re negotiating the reinstatement of a loan or a full payoff, be sure to always request detailed breakdowns of…
Like most judicial proceedings, foreclosure actions are public record. The Summons, Complaint, Notice of Pendency (Lis Pendens) and loan documents…
A facially adequate cause of action to foreclose a mortgage only requires allegations regarding the existence of the mortgage, the…