APPELLATE DIVISION Archives - Laws In New York

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Wells Fargo, Bank of New York and US Bank Requests to Reopen Foreclosures from 2008 Solidly Rejected by Appeals Court

May 9, 2025

The Appellate Court found the Banks’ have unreasonably neglected and failed to prosecute these foreclosures, and they are now time-barred.

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Judge Francis A. Khan III Favored HSBC Bank USA, N.A. but Appeals Panel Ruled for Homeowner

April 19, 2025

HSBC Bank did not establish that it strictly complied with RPAPL 1304(1). In other words, mandatory language and information matters.

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Statute of Limitations Begins to Run on the Entire Debt Once Accelerated and Lawsuit Filed

April 4, 2025

This action was time-barred by submitting evidence demonstrating debt was accelerated in 2013, upon the commencement of the prior action.

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Why is Cali Law Professor Aziza Ahmed Seeking NY Bar Reinstatement after 3 Years?

April 1, 2022

We’ll be watchin’ to see why Aziza Ahmed has sua sponte decided to retain ethics attorney Richard Maltz to get her back on NY’s lawyer roll.

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The Importance of 90 Day Mailed Notices (RPAPL 1304)

February 12, 2022

Contrary to the plaintiff’s contention, the defendants did not waive their contention that the plaintiff failed to comply with RPAPL 1304

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Thievin’ NY Lawyer With 27 Charges of Professional Misconduct Disbarred

January 3, 2022

No Criminal Referral Noted in this Disciplinary Matter Either, Despite this NY Lawyer Being a “Serial Offender”.

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Endicott Lawyer With 3 Pending Client Complaints Suspended With Immediate Effect

January 3, 2022

Attorney Michael Fauci is suspended from the practice of law, effective immediately, and until further order of this Court.

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Farrell’s Foreclosure is Subject to Limitations and You’re Outta Time.

January 2, 2022

The order dismissing the 2009 action was entered on April 1, 2019, yet service upon defendant was not effected until over six months later.

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This Ain’t Petty, It’s Legal Perversion

January 2, 2022

Attorney R. P. Santoriella used his position of authority and confidence as an attorney to gain her trust, and then discriminated against her.

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How New York Homeowners’ Foreclosure Appeals Ended in 2021

January 1, 2022

Four foreclosure cases before the Supreme Court of the State of NY, Appellate Division, Second Dept received positive results for homeowners.

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APPELLATE DIVISION

Wells Fargo, Bank of New York and US Bank Requests to Reopen Foreclosures from 2008 Solidly Rejected by Appeals Court

Judge Francis A. Khan III Favored HSBC Bank USA, N.A. but Appeals Panel Ruled for Homeowner

Statute of Limitations Begins to Run on the Entire Debt Once Accelerated and Lawsuit Filed

The Importance of 90 Day Mailed Notices (RPAPL 1304)

Thievin’ NY Lawyer With 27 Charges of Professional Misconduct Disbarred

Endicott Lawyer With 3 Pending Client Complaints Suspended With Immediate Effect

Farrell’s Foreclosure is Subject to Limitations and You’re Outta Time.

This Ain’t Petty, It’s Legal Perversion

How New York Homeowners’ Foreclosure Appeals Ended in 2021

Wells Fargo, Bank of New York and US Bank Requests to Reopen Foreclosures from 2008 Solidly Rejected by Appeals Court

Second Circuit: Federal Court of Appeals Certify Questions to NY Supreme Court on Time-Barred Foreclosure

Deutsche Bank Time-Barred as NY Courts Reaffirm You Can Only Accelerate the Debt Once and The Clock Starts Ticking Thereafter

Standing: Merely Attaching the Note with a Blank Indorsement to the Complaint is Not Sufficient

New York Appeals Court Upholds Foreclosure Dismissal: Mortgage Lender’s Tardy Excuse Falls Short

Deutsche Bank Cannot Manipulate the Statute of Limitations in New York to Foreclose

Homeowner Defeats OneWest Bank in Financial Crisis Related Indymac Mortgage

Endurance Rewarded: The Burke’s Overcome 14-Year Foreclosure Battle Against Nazi Deutsche Bank

Wells Fargo, Bank of New York and US Bank Requests to Reopen Foreclosures from 2008 Solidly Rejected by Appeals Court

Second Circuit: Federal Court of Appeals Certify Questions to NY Supreme Court on Time-Barred Foreclosure

Deutsche Bank Time-Barred as NY Courts Reaffirm You Can Only Accelerate the Debt Once and The Clock Starts Ticking Thereafter

Standing: Merely Attaching the Note with a Blank Indorsement to the Complaint is Not Sufficient