Browsing Category
State Law
26 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.
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.
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.
Former State Supreme Court Judge Sentenced to Jail is Released By Comrade and Supreme Court Judge
Witnessing Judicial Ochlocracy: John Michalek, a former State Supreme Court Judge, appeared before Judge Cerio in Erie County Court
NY Lawyer Disbarred for Finchin’ $73k by Supreme Court. Good Luck Getting a Criminal Conviction
The judiciary and the state bars are protecting lawyers from criminal prosecution. Motto, become a thievin’ lawyer and get away with it.
The Facebook of China Litigation in New York
The minority shareholders alleged that Renren’s CEO, Joseph Chen and advisors defrauded them of $500M by siphoning cash to a separate company
