Foreclosure
A SAMPLING OF “FORECLOSURE” ISSUES ADDRESSED IN THE NEW YORK APPELLATE DIGEST SEARCHABLE DATABASE
FORECLOSURE issues in this database include (but are not limited to):
Standing (possession of note when proceeding commenced, etc.);
Face to Face Meeting Requirement;
Belated Order of Reference;
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.).