A prior blog post discussed the effects of the coronavirus situation on real estate in New York. Since that post, things have certainly escalated quickly. Most of the economy, not just in New York, but throughout our entire country and the rest of the world, has shut down, as governments…
Articles Posted in Real Estate Litigation
Foreclosure Judgments in New York
A recent decision in a case in upstate New York discusses issues relating to the denial of an application for a foreclosure judgment. In a foreclosure case, the plaintiff, who is usually a bank or other lending institution, must apply to the Court for a judgment. Often, after the case…
Foreclosure in New York – What Happens After the Settlement Conference?
New York State has passed several laws that protect homeowners who may be subject to a foreclosure action. One of these laws requires that a settlement conference be held for a homeowner when his primary residence is in foreclosure, due to his failure to pay their mortgage, taxes, or other…
Fraud, Foreclosure, and Property Transfers in New York
A recent New York Times article discusses why black homeowners in Brooklyn are being victimized by fraud in the transfer of the ownership of their properties without their consent. Of course, deed theft is not limited to any particular part of New York, or any color. Homeowners of all races…
Mortgaging the Church’s Future?
A recent New York Supreme Court decision relates to the intersection of two major practice areas of our firm, foreclosure and Religious Corporation law. The case involved a mortgage loan taken out by Grace Christian Church, located in Brooklyn, New York. According to the Court, the Church mortgaged its property to the…
New York Foreclosure Defense – Public and Private
A recent article in the New York Law Journal discussed the possibility of public foreclosure defense services being in jeopardy due to government funding cuts. What does this mean for the homeowner whose home may be in danger of being foreclosed? Homeowners who are having problems paying their existing mortgages may…
Up Against a Wall- Legal Negotiation Strategies
Our readers who follow the news are aware that the Federal government has been partially shut down for several weeks. President Trump has taken the position that he will not agree to re-open the government unless a wall is erected along our southern border. The Democratic leadership has responded that it…
Intersection of Religious Corporation Law and Real Estate Law in New York
Recently in the news is a decision in a lawsuit regarding the potential eviction of a defrocked nun in a Russian Orthodox convent located in Nanuet, New York. This case is an interesting intersection of two areas of the law that our firm practices; namely, how the decisions of a religious…
Bidding at a Foreclosure Auction Sale in New York – Part I
Our firm receives many inquiries from parties who intend to bid at a foreclosure sale. Foreclosure sales most often occur when a party is unable to pay a mortgage encumbering a property, and a foreclosure judgment is obtained by the lender. What happens next? A foreclosure sale, or auction, is scheduled…
Defending Cooperative Foreclosures in New York
Several of our prior blog posts have dealt with defending foreclosure actions for real property. However, in New York State, and especially in New York City, many apartments are held as shares in a cooperative corporation, also known as “coops”. Rather than owning real property, coop owners own shares in a…