Although the New York State Legislature and the Chief Administrative Judge of the Courts have largely frozen foreclosures during the pandemic, the Appellate Divisions of the State Supreme Court and Court of Appeals have been hard at work reshaping foreclosure litigation, as we know it.
Earlier this year, the Court of Appeals issued a landmark decision in Freedom Mortgage v. Engel, which reshaped the statute of limitations in foreclosure actions. Not to be outdone, the Appellate Divisions have issued several notable decisions this past year clarifying the scope of RPAPL 1304, debt collection under the New York City Administrative Code, addressing the propriety of third-party defenses to foreclosure actions, and many more. There have also been many significant legislative and administrative events affecting foreclosures.
This presentation will discuss these developments and analyze their impact on the future of foreclosure litigation in New York.
I. Identify hot topics in NY foreclosure litigation
II. Survey recent developments affecting these areas
III. Understand the practical import of these developments