Standing: Merely Attaching the Note with a Blank Indorsement to the Complaint is Not Sufficient
A plaintiff may establish standing where it is the holder or assignee of both the mortgage and the note at the time action was commenced.
New York Appeals Court Upholds Foreclosure Dismissal: Mortgage Lender’s Tardy Excuse Falls Short
Time-Barred: Appeals court affirms foreclosure dismissal in Queens Case, citing lender’s delayed excuse for absence at key conference.
Judge Francis A. Khan III Favored HSBC Bank USA, N.A. but Appeals Panel Ruled for Homeowner
HSBC Bank did not establish that it strictly complied with RPAPL 1304(1). In other words, mandatory language and information matters.
Statute of Limitations Begins to Run on the Entire Debt Once Accelerated and Lawsuit Filed
This action was time-barred by submitting evidence demonstrating debt was accelerated in 2013, upon the commencement of the prior action.
Deutsche Bank Cannot Manipulate the Statute of Limitations in New York to Foreclose
FAPA overruled judicial misinterpretations of existing law that abuse the foreclosure process by manipulating and extending the statute of limitations.
Homeowner Defeats OneWest Bank in Financial Crisis Related Indymac Mortgage
OneWest Bank failed to demonstrate a reasonable excuse for its lengthy delay in moving to vacate the August 2012 dismissal order.
Endurance Rewarded: The Burke’s Overcome 14-Year Foreclosure Battle Against Nazi Deutsche Bank
Deutsche Bank profited both from forced labor and from giving the Nazis a million-Mark credit for building Auschwitz.
Federal Judge Shoots Down Alleged Fraud Comeback, Labels It as ‘Repackaged’
Texas Homeowner Harriet Nicholson’s Federal Court Case Dismissed With Prejudice Amid Federal Judge’s Assertion of ‘Repackaged’ Fraud Claims.
The Financial Crisis Standing Contradiction: Who’s Right About Indymac Accelerating Foreclosures in 2009?
LINY compares two accelerated 2009 Indymac mortgage with two competing opinions. In the Reinman case, no standing but no such issue in 1024.
An Attorney’s Dream for Easy Money Turns Into Asking Judicial Favors Provided to Bandits
New York attorney Jason “Lottery Lawyer” Kurland is asking a federal court to order home confinement and probation rather than jail time.
