By Richard D. Vetstein, ESQ
Battle Over Invalid Foreclosures May Shift To Evictions In Housing Courts
In the closely watched case of Bank of New York v. Bailey (embedded
below), the Massachusetts Supreme Judicial Court ruled on August 4,
2011 that the Housing Court may hear a homeowner's...
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)
not quite everything, because there is just so much that is important in
prosecuting a mortgage foreclosure...
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...