Vetstein Law Group: SJC Rules That Housing Court May Hear Challenges To Foreclosures

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...

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...