LEGAL RESEARCH GENERALLY

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FORECLOSURE actions have overwhelmed the courts in recent months and years, at least in the vicinity of New York City. The Appellate Divisions have been faced with recurring failures of proof at the summary judgment stage which have been addressed in what might be called “teaching opinions” designed to instruct attorneys on the relevant proof requirements. Problematic areas include the business records exception to the hearsay rule, and the notice requirements in the Real Property Actions and Proceedings Law. Other database categories which also address some of the “Foreclosure” issues described below include: CIVIL PROCEDURE, EVIDENCE, REAL PROPERTY ACTIONS AND PROCEEDINGS LAW (RPAPL) and JUDGES (who have frequently acted beyond their authority in this area). The specific issues listed here are all included in the “Foreclosure” database category and may help in keyword searches.

Standing (possession of note when proceeding commenced, etc.);

Face to Face Meeting Requirement;

Belated Order of Reference;

Referee’s Report (no need for motion to confirm);

Waiver of Standing Defense;

Cancellation of Recorded Assignments of Mortgages (Real Property Law);

Notice Requirements (Real Property Actions and Proceedings Law (RPAPL), etc.);

Business Records Exception to the Hearsay Rule (admissible proof in support of summary judgment, etc.);

Riggs Doctrine (satisfaction of mortgage, etc.);

Satisfaction of Mortgage;

Statute of limitations (acceleration of debt, cancellation and discharge of mortgage, etc.);

Waiver of Statute of Limitations Defense;

Default Notice (must be clear and unequivocal, etc.);

Reverse Mortgages;

Court Conferences;

Abandonment;

Revival of Statute of Limitations (acknowledgment of debt);

Notwithstanding Clauses;

Default Judgments (vacation, etc.);

Sua Sponte (dismissals, etc.);

Acceleration of the Debt;

De-Acceleration of the Debt;

Land Contracts;

Proof of Mailing (notice, etc.);

Waiver of lack of personal jurisdiction defense;

Tolling of Statute of Limitations;

Bankruptcy (tolling of statute of limitations, etc.);

Equitable Subrogation;

Settlement Conferences;

Interest Accrual;

Revocation of Election to Accelerate Debt;

Foreclosure Sales;

Affidavit of Merit;

Title (time of foreclosure sale, etc.);

Solar and Wind Easements (subject to foreclosure, etc.).