Practical Solutions In Court and Out
NYCHPD v. Deutche Bank National Trust Co., Richmond County Civil Court HP Index # 115/2013
Judge Philip Straniere has ruled that a lender that obtained a judgment of foreclosure and sale, but had not proceeded to auction, is responsible for the costs of repairs ordered by HPD.
Mysteriously, seemingly knowledgable legislators passed statutes permitting
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Rockross Fund v. Cumberbatch, Kings County Supreme Court, Index No. 1189/08
This case shows that foreclosing lenders must take care that they do not acquire a deed to the property before they really want it. In Rockross Fund, the plaintiff, the owner of a loan in foreclosure, lost an unopposed motion for summary…
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 lenders 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…
JP Morgan Chase Bank v. Butler, Kings County Supreme Court, Index No. 1686/2010.
Justice Arthur Schack has once again dropped the hammer on a lender and its counsel. The case began as a typical mortgage foreclosure case. Plaintiff, JP Morgan Chase, claimed to have acquired the note in mortgage in question from WAMU after…
Bank of New York v. Deane, Kings County Supreme Court Index No. 16583/09.
This case illustrates the disaster that can occur if counsel does not submit mountains of paperwork to the court. This case resulted in the denial of an unopposed motion for summary judgment in foreclosure. The defendant mortgagor had answered the complaint…