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Articles by Amelia McClure
I’m Still Standing...yeah, Yeah, Yeah: New York Reaffirms Limits On Mortgage Acceleration
In 7208 Ct Holdings LLC v. U.S. Bank N.A., the Supreme Court of New York, Kings County denied Plaintiff’s motion for summary judgment in their quiet title action seeking a judgment declaring the note and mortgage at issue unenforceable.
Should've been a school house rock song (IYKYK): Procrastination nation | JD Supra
In a decision issued just hours before a scheduled foreclosure auction, the U.S. District Court for the Eastern District of New York denied a defendant's last-minute bid to halt the sale of a Brooklyn property, closing out a case that had already cycled through default, vacatur, and summary judgment.
Should’ve been a school house rock song (IYKYK): Procrastination nation
The dispute traces back to March 2022, when Herve Thomas, acting through an entity he formed called New Generation Holdings, LLC, executed a promissory note for $480,000 in favor of M&M Private Lending Group, LLC. The note was secured by a mortgage on property at 531 E. 81st Street in Brooklyn. Payments continued for roughly two years before New Generation stopped paying.
Possession With Intent To Foreclose
Steven M. Herman’s articles from Cadwalader, Wickersham & Taft LLP are most popular: with readers working within the Property and Retail & Leisure industries In Wells Fargo Bank, N.A. v. Mitselmakher et. al., the Supreme Court of New York, Richmond County held that Wells Fargo Bank ("Plaintiff") had standing to foreclose and demonstrated through admissible business records that its counsel possessed the original note prior to commencement of the foreclosure proceeding.
Possession With Intent to Foreclose | JD Supra
In Wells Fargo Bank, N.A. v. Mitselmakher et. al., the Supreme Court of New York, Richmond County held that Wells Fargo Bank (“Plaintiff”) had standing to foreclose and demonstrated through admissible business records that its counsel possessed the original note prior to commencement of the foreclosure proceeding. The issue of pre-commencement possession of negotiable instruments is governed by Article III of the Uniform Commercial Code.
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