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. This analysis by foreclosure expert Bruce J. Bergman includes the deficient language in the merger clause at issue in Libertypointe and sets out different language that would protect the lender.
Bruce J. Bergman is the author of Bergman on New York Mortgage Foreclosures, LexisNexis Matthew Bender (rev. 2012). He is a graduate of Cornell University and Fordham Law School and admitted to practice in New York and Washington, D.C. and is a partner in the Garden City, New York law firm of Berkman, Henoch, Peterson, Peddy, & Fenchel PC where he concentrates in the areas of real estate and title litigation and mortgage foreclosure. In addition to his law practice, he serves as a consultant to the New York Times on mortgage law, is an Adjunct Associate Professor of Real Estate at New York University's Real Estate Institute where he has taught the mortgage foreclosure course, and has authored more than 400 articles on the subjects of mortgage foreclosure, real estate and construction law which have appeared in scholarly journals and professional publications throughout the country. He is AV rated by Martindale-Hubble, his biography appears in Who's Who in American Law and he is listed in Best Lawyers in America and Super Lawyers. Widely recognized for his regular columns on mortgage foreclosure for the New York Law Journal and for his column in the MBA's Mortgage Banking Magazine, and the New York Real Property Law Journal and as a lecturer in his field for judge's groups, the New York State Bar Association, New York County Lawyers Association, the Nassau Academy of Law, Consumer Bankers Association, New York State Land Title Association, Professional Education Systems, Suffolk Academy of Law and the National Business Institute among many others, Mr. Bergman is both a past Director and four-term Chairman of the Real Property Law Committee of the Nassau County Bar Association as well as a former Associate Dean of the Nassau Academy of Law. Among his memberships are the American College of Real Estate Lawyers, American College of Mortgage Attorney, Scribes the American Society of Writers on Legal Subjects, the American and New York State Bar Associations, and the New York Land Title Association. He was a City Councilman in Long Beach, New York, from 1980 through 1988.
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