Bergman on Foreclosure: Process Is Everything

By: Bruce J. Bergman Member, Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.; Author, Bergman on New York Mortgage Foreclosures , 3 vols, LexisNexis Matthew Bender (rev. 2011) Well, not quite everything, because there is just so much that is important in prosecuting a mortgage foreclosure...

Bergman on Foreclosure: Deficiencies Have Critical 90-Day Window

When a foreclosure sale cannot fully recoup the debt, mortgage lenders and servicers have a ninety-day window of opportunity to make post-sale deficiency motions. In Cicero v. Aspen Hills II, LLC , 85 A.D.3d 1411, 926 N.Y.S.2d 680 (3d Dept. 2011) [ enhanced version available to lexis.com subscribers...

Bergman on Foreclosure: No Need to Substitute Plaintiff Upon Mortgage Assignment

[ Originally published 1/05/12 ] By: Bruce J. Bergman Member, Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.; Author, Bergman on New York Mortgage Foreclosures , 3 vols, LexisNexis Matthew Bender (rev. 2011) This question arises all the time. During the course of a mortgage foreclosure...

Bergman on Foreclosure: Hidden Danger in Claim that "the Lender Said"

Hidden danger to lenders lurks in a mortgage contract that allows a borrower's account of lender's oral statements to defeat a mortgage foreclosure action, as illustrated in Libertypointe Bank v. 75 East 125th Street [ enhanced version available to Lexis.com subscribers ]. This analysis by foreclosure...