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Appellate Courts › Statute of Limitations › Mortgages

Hinshaw & Culbertson - Consumer Crossroads

Recent Cases Offer Instruction for Lenders on Avoiding FAPA Estoppel in Foreclosure or Quiet Title Actions in New York

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Under the Foreclosure Abuse Prevention Act (“FAPA”), effective as of December 30, 2022, a lender in a New York foreclosure or quiet title action can be estopped from asserting that the subject mortgage loan was not validly...more

Freiberger Haber LLP

The Appellate Division, Second Department, Holds that Banking Law 6-l is a Personal Defense that Can Only be asserted by the...

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By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more

Morrison & Foerster LLP

Scrivener’s Error in Guaranty Reformed Outside of Statute of Limitations and Held Enforceable

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In an appeal heard by the Appellate Division of the Supreme Court in the First Judicial Department of New York, the Court recently ruled that a court may reform a guaranty after the statute of limitations for a reformation of...more

McGlinchey Stafford

When does a plaintiff have a right to a jury trial under the CSPA? - McGlinchey Commercial Law Bulletin

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Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488- In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more

Bradley Arant Boult Cummings LLP

New York Clarifies Mortgage Loan Acceleration and De-Acceleration: Starting and Stopping the Limitations Clock

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On February 18, 2021, the New York Court of Appeals’ consolidated resolution of four cases that answered two critical questions concerning the application of the statute of limitations in New York mortgage foreclosure...more

McGlinchey Stafford

NY Court Of Appeals Issues A Landmark Decision On The Statute Of Limitations In Mortgage Foreclosure Actions

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On February 18, 2021, the New York Court of Appeals issued a landmark decision in four cases related to the application of the statute of limitations to foreclose a mortgage in New York. Most notable is the long-anticipated...more

McGlinchey Stafford

What Do I Need To Prove In Order To Enforce A Promissory Note?

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Statute of Repose- Wilson v. Durrani, Slip Opinion No. 2020-Ohio-6827 In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, determining that the plaintiffs’ claims were time-barred because Ohio’s...more

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