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Report faults New York’s foreclosure process
New Yorkers for Responsible Lending (NYRL) has released a report showing wide variations in the way foreclosure settlement conference rules are implemented, depending on where homeowners live. The group’s report, titled “Divergent Paths: The need for more uniform standards and practices in New York State’s residential foreclosure conference process,” looks at New York state’s foreclosure[...]
NY regulator proposes foreclosure law change
ALBANY — New York’s top bank regulator on Tuesday proposed amending state law to shorten the foreclosure process for homes with delinquent mortgages. Department of Financial Services Superintendent Ben Lawsky, addressing mortgage bankers, said New York’s process averages 900 days from the date of filing to the sale of the property. That’s nearly a year […]
App aims to stop foreclosure rescue scams
ALBANY — New York’s attorney general launched a new Web-based app on Tuesday to help struggling homeowners determine whether offers of foreclosure rescue are legitimate or scams. Using up to $100 million from bank settlements following the housing market collapse, Attorney General Eric Schneiderman has established a network of 86 counseling and legal services to […]
Fourth Department — Foreclosure: Meadowlands Portfolio v. Manton
Appellate Division, Fourth Department Foreclosure Equitable Action — Abuse of Discretion Meadowlands Portfolio v. Manton CA 13-01591 Appealed from Supreme Court, Jefferson County Background: The plaintiff commenced a foreclosure action seeking the total amount due under a settlement and release agreement executed by the parties. The agreement combined into one obligation the amounts due on [&hel[...]
New program helps avoid foreclosure
The state is launching its New York State Mortgage Assistance Program, or NYS MAP, which will provide small loans to families struggling to avoid foreclosure. The loans will help families secure mortgage modifications to stay in their homes. Details were to be released at a Nassau County Town Hall in Hempstead. NYS MAP will be […]
Fourth Department — Foreclosure: Brandywine Pavers Inc. v. Bombard, et al.
Appellate Division, Fourth Department Foreclosure Amendment of Judgment — Illegal Subdivision Brandywine Pavers Inc. v. Bombard, et al. CA 13-00059 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced action to foreclose on a mortgage that was secured by property owned by the defendant Bombard. The defendant appealed from an order amending the judgment to […]
Fourth Department — Foreclosure: The Ekelmann Group v. W. Dean Stuart
Appellate Division, Fourth Department Foreclosure Default Judgment — Waiver of Default Interest The Ekelmann Group v. W. Dean Stuart CA 12-02215 Appealed from Supreme Court, Steuben County Background: The defendant was a mortgagor, borrower or debtor on several mortgages and promissory notes that were assigned to National Loan Investors in 1996. All of those documents were […]
Fourth Department — Foreclosure: Dasz, Inc. v. Meritocracy Ventures, LTD, et al.
Appellate Division, Fourth Department Foreclosure Fraud in Execution — Failure to Read the Mortgage and Promissory Note Dasz, Inc. v. Meritocracy Ventures, LTD, et al. CA 12-01858 Appealed from Supreme Court, Chautauqua County Background: The plaintiff commenced a foreclosure action after the defendants defaulted on a note executed by the defendants. The plaintiff submitted the note and [&hell[...]
Court of Appeals — Foreclosure: Altshuler Shaham Provident Funds Ltd. v. GML Tower LLC
New York State Court of Appeals Foreclosure Lien Priority — Construction Loans Altshuler Shaham Provident Funds Ltd. v. GML Tower LLC No 115 Judge Read Background: A mortgage foreclosure action arose from a failed redevelopment of a hotel complex consisting of several properties. The lender for the redevelopment and numerous mechanic’s lienors disputed the priority of […]
Banks fall short helping struggling homeowners
WASHINGTON — A new report says homeowners trying to avoid foreclosure must wait too long for their loan modification applications to be reviewed by some of the nation’s top mortgage servicers. Such delays can plunge borrowers deeper in debt. Joseph A. Smith, the independent monitor of last year’s national mortgage settlement, said Wednesday that while […]
Towns seek help dealing with home vacancies
An unkempt vacant home or building with uncut grass and other unsightly issues can be a source of frustration with neighbors who make a point of keeping up their properties. And it’s a source of frustration for government officials, who at times find their hands tied when it comes to finding someone to do the […]
5 big banks have cut mortgage debt by $19B
WASHINGTON — Five of the biggest U.S. banks have cut struggling homeowners’ mortgage balances by $19 billion, part of a total $45.8 billion in relief provided under a landmark settlement over foreclosure abuses. More than 550,000 borrowers received some form of mortgage relief between March 1 and Dec. 31, 2012, according to a report issued […]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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