US Bank National Association v. Zeidman, Westchester County, Supreme Court Index No. 52204/2012
Foreclosing lenders often have back-office operations out-of-state. In US Bank v. Zeidman, the foreclosing lender’s back-office operations were performed by a loan servicing company located in California. In support of a motion for summary judgment in foreclosure, the lender filed
Eastern Savings Bank, FSB v. McLaughlin United States District Court, Eastern District of New York 13 CV 1108
Federal Magistrate Judge Lois Bloom of the Eastern District of New York has held that New York law permits interest to accrue at the default rate even after the plaintiff is awarded summary judgment in foreclosure as
Deutsche Bank National Trust Co. v. Johnson, Kings County Supreme Court, Index 24867/2011
Standing continues to trip-up foreclosing lenders. In this residential mortgage foreclosure case, a pro se defendant successfully cross-moved for summary judgment dismissing a mortgage foreclosure complaint based upon the plaintiff’s inability to demonstrate standing. The original lender on the loan was
172 Madison (NY) LLC v. NMP-Group, LLC, New York County Supreme Court Index No 650087/2010
Springing non-recourse carve-out guaranties are a standard feature of many commercial mortgage loans. Under such arrangements, the lender generally agrees to look only to the property and its single purpose entity fee owner to recover its loan in
Bank of America v. Lucido, Appellate Division, Second Department, Index No. 3769/2009
The Second Department has reversed Justice Jeffrey Spinner’s award of sanctions in a residential mortgage foreclosure case after a settlement conference failed to produce a settlement. The sanction barred the lender from recovering more than the principal balance due on the loan
Independence Bank v. Valentine, Appellate Division, Second Department 08136/2012
Must a CPLR 3408 settlement conference be conducted in an action to foreclose a mortgage on a primary residence where the mortgage collateralizes a personal guaranty of a commercial loan? The Second Department has held no.
In this action, a corporation formed and owned by the
Wells Fargo Bank, N.A. v Meyers, Appellate Division Second Department 34632/2009.
The courts continue to wrestle with the scope of the appropriate remedies for lender’s that fail to negotiate residential mortgage modifications in good faith. Now the Appellate Division, Second Department has weighed in. In Wells Fargo Bank N.A. v. Meyers, the Second
Federal National Mortgage Association v. Quadrozzi, Supreme Court, Kings County, Index No. 25485/2009
Many times it is the simple things that trip up mortgage foreclosure plaintiffs. This case is an example. In this mortgage foreclosure action, the court denied the lender’s motion to renew after first denying the lender’s motion for summary judgment in
U.S. Bank v Shinaba, Bronx County Supreme Court, Index No. 381917-2009
This case provides another example of New York courts coming down on residential lenders that fail to participate in the statutorily mandated settlement process in good faith. In this residential mortgage foreclosure case, Judge Robert Torres found that the lender never properly evaluated
An Office of Court Administration report shows substantial growth in mortgage foreclosure filings in New York. The report shows that in 2013, through October, nearly 34,000 new mortgage foreclosure cases were filed. That is on track to surpass the number of mortgage foreclosure cases in 2011 and 2012 combined.
The mortgage foreclosure crisis was