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Evidence › Mortgages › Foreclosure

Cadwalader, Wickersham & Taft LLP

Summertime Done Come and Gone My Oh My, August 26, 2025 - But Who Can Unlearn All the Facts That I’ve Learned: Facts Matter for...

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In a recent foreclosure action, Plaintiff Lakeview Loan Servicing, LLC (“Lakeview”) sought summary judgment against Defendant Andrew Branley (“Branley”). Lakeview claimed that Branley executed a Note to JPMorgan Chase Bank,...more

Freiberger Haber LLP

Second Department Affirms Denial of Summary Judgment in Mortgage Foreclosure Action For Failure to Demonstrate Compliance with...

Freiberger Haber LLP on

This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure. While we have not written about RPAPL 1304 in a while, it has been the subject of numerous articles in the past. By way of...more

Hinshaw & Culbertson - Consumer Crossroads

New York Appellate Court Reverses Foreclosure Judgement, Reaffirms Business Record Itself Must be Provided to Trigger Hearsay...

Hinshaw & Culbertson - Consumer Crossroads on

In Deutsche Bank Nat'l Trust Co. v. Ezeji, 2021 N.Y. App. Div. LEXIS 3313 (2d Dep't, May 19, 2021), New York's Appellate Division, Second Department, reversed a judgment of foreclosure and sale, finding that although the...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 1, 2016

Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure: remittitur, rather than reversal of summary judgment, is proper where lender failed to provide sufficient evidence of late charges at summary judgment – Newman v. Ocwen Loan...more

Bradley Arant Boult Cummings LLP

New York Court of Appeals Clarifies Deficiency Judgment Affidavit Expectations

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After a long stretch of inactivity in the default space, the New York Court of Appeals recently returned to the subject with an opinion addressing its expectations regarding affidavits used by parties seeking deficiency...more

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