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Bankers
35 posts
Deutsche Bank Time-Barred as NY Courts Reaffirm You Can Only Accelerate the Debt Once and The Clock Starts Ticking Thereafter
Once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt,
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.
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.
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.
If There’s a Case in SDNY Involving Citi or Her Former Law Firm, Judge Loretta Preska Wants It
Judge Preska refuses to recuse in 2022, but history proves she rules in favor for Citi when her husbands law firm is present.
Texas Homeowner Harriet Nicholson is On the Road Seeking Justice
Nicholson knows Nationstar is plotting to steal her home because they know the judicial system is rigged against homeowners in Texas.
Them and Us: Former Deutsche Bank Trader’s 4 Year Sentence Tossed.
Before their convictions were overturned, Ahuja was sentenced to more than four years in prison and Shor, almost 3 1/2.
