Some of our prior blog posts have dealt with foreclosure actions concerning real property. A recent New York Supreme Court case, however, deals with a different type of foreclosure, and the effects of the COVID-19 pandemic on the same. Most foreclosure cases in New York State are of the judicial…
At the start of the coronavirus pandemic, all of the Courts in New York State closed for health and safety reasons. Recently, as the numbers of those afflicted in New York continue to decrease, some Courts are reopening. This blog post will discuss the current situation as of the writing…
We hope that our readers have been fortunate enough to have stayed healthy during these trying times. Finally, our home region has commenced the post-Covid re-opening process. We are currently in Phase II. Our attorneys hope that all business activities will return to “normal” as soon as possible, just as…
Prior blog posts have discussed the concept of surplus monies in foreclosure proceedings. To summarize, when a foreclosed property is sold at public auction, it is possible that the highest winning bid may exceed the sum owed to the entity foreclosing on the property. For example, an individual defaults on…
Unless you have been living in isolation on a deserted island, you are aware of the recent coronavirus situation. In order to avoid contaminating large numbers of people, many businesses have closed, and many individuals are remaining at home rather than venturing outside. This blog post will discuss the effects…
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…
Most of us have been recently inundated by reports of the Coronavirus pandemic. Although many of our readers do not travel to some of the afflicted locations, fear has a way of becoming contagious in its own right and can have negative business consequences. Fundamentally, the fear is…
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…
Most eviction matters handled by our firm involve conventional landlord-tenant relationships. Either in a residential or commercial context, a property owner rents property to a tenant, who pays rent to the landlord on a monthly basis. Usually, there is a written lease between the parties that delineates their rights and…
A recent article reports on a new law signed by New York Governor Andrew Cuomo which is meant to assist defendants in foreclosure actions. This article will explain the law, as well as its possible impact on both plaintiffs and defendants in foreclosure lawsuits. The law amended Article 13 of…