September 21, 2015
Monday’s Adjudication Roundup
NY bankruptcy judge dismissed suit against DLA Piper for misappropriation of over $36 million in payments to cover mortgage-backed securities. The judge cited NY law that “prevents wrongdoers and their successors from pursuing claims that arise out of their own … Continue reading
September 21, 2015 in New York | Permalink | No Comments
July 23, 2015
This Is What Bad Faith Looks Like
A New York judge ruled in Federal National Mortgage Assoc. v. Singer, 2015 NY Slip Op. 51038(U) (July 15, 2015 Sup. Ct., New York County) (Moulton, J.) (unpublished opinion), that two lenders will forfeit more $100,000 in interest payments on two … Continue reading
July 23, 2015 in New York | Permalink | No Comments
July 6, 2015
Possession of Note Confers Standing to Foreclose
Dale Whitman posted this discussion of Aurora Loan Services, LLC v. Taylor, 2015 WL 3616293 (N.Y. Ct. App., June 11, 2015) on the DIRT listserv: There is nothing even slightly surprising about this decision, except that it sweeps away a lot of confused and … Continue reading
July 6, 2015 in New York | Permalink | No Comments
May 14, 2015
Thursday’s Advocacy & Think Tank Round-Up
City lab’s analyzes why Billionaires Don’t Pay Taxes in New York, concludes that recent housing boom has been in the “ultralux” market and that the owners pay a fraction of their share due to a tax code that shifts the … Continue reading
May 14, 2015 in New York | Permalink | No Comments
February 26, 2015
Tenants in Foreclosure
Judge Demarest issued a Decision and Order in 650 Brooklyn LLC v. Hunte et al. (No. 504623/2013 Feb. 5, 2015). The defendants moved for dismissal because the foreclosing plaintiff failed to comply with a relatively new NY statute that requires … Continue reading
February 26, 2015 in New York | Permalink | No Comments
February 23, 2015
Mortgage Assignment Mayhem
Judge Drain issued a biting Memorandum of Decision on Debtor’s Objection to Claim of Wells Fargo Bank, NA in the case In re Carrsow-Franklin (No. 10-20010, Jan. 29, 2015). The Court granted the debtor’s claim objection “on the basis that … Continue reading
February 23, 2015 in New York | Permalink | No Comments
June 11, 2014
NY Court Rejects Lack-of-Standing Claim
The court in deciding HSBC Bank USA v Sage, 112 A.D.3d 1126 (N.Y. App. Div. 3d Dep’t 2013) affirmed the lower court’s decision dismissing the defendant’s lack of standing claim. HSBC Bank USA commenced this foreclosure action alleging that defendant … Continue reading
June 11, 2014 in New York | Permalink | No Comments
