New York State is known for a lot things. Being lender friendly is not one of them. The foreclosure process (especially for home loans) is lengthy and laden with traps. It is also becoming quite onerous, as evidenced by the passage of a recent statute, which creates a significant new impediment to title insurance for home loan mortgages devolving through a foreclosure sale. The new statute, RPAPL § 1302-a, effective December 23, 2019, provides, in essence, that the defense of lack of standing is no longer waivable where the mortgage is categorized as a home loan, even though a defendant neglected to raise the defense in a pre-answer motion to dismiss or in a responsive pleading. If a defendant appeared, their ability to raise the defense continues to the moment when the hammer falls at the foreclosure auction sale. But if a defendant did not appear, then the ability to pursue the defense survives the foreclosure sale, lurking to assault the foreclosure sale title for what is a potentially uncertain duration. It is this unpredictable exposure which understandably makes title companies more than timorous to insure foreclosure sales, and which not, incidentally, creates problems for foreclosing lenders and foreclosure sale bidders.
As the largest purchaser of goods and services in the world, the United States Government requires f...
Section 337 provides powerful, efficient and rapid remedies for a wide range of unfair methods of co...
In 1968, English rock band The Zombies released their psychedelic counterculture anthem, “Time...
This 60-minute session gives you a practical operating system for the mental side of legal work: how...
Class action litigation continues to evolve rapidly in response to an innovative plaintiffs’ b...
This CLE course will provide critical insight to counsel for insurers facing bad faith claims on how...
This course on trade secrets litigation provides real-world best practices through all key stages of...
Estate planning for LGBTQ+ clients and families formed through assisted reproductive technology requ...
Cybercriminals increasingly target law firms, attorneys, legal staff, and their clients through soph...
When the investigation concludes, the discipline is issued, and the file is closed, most organizatio...