2nd Dept: Mortgage is Time-Barred
Plaintiff's failure to serve the complaint does not vitiate a prior acceleration of the mortgage.
1st Dept: Payment History Needed to Obtain Foreclosure Judgment
On Appeal the First Department reversed and vacated a Judgment of Foreclosure and Sale because the lender's application was not supported by any evidence of the borrower's default.
2nd Dept: Mere Attorney Neglect Insufficient to Vacate 11 Day Default
Unsubstantiated and conclusory allegations of law office failure do not constitute a reasonable excuse to vacate an eleven day default
1st Dept: Bank Failed to Prove Standing
First Department unanimously reverses and holds that the loan servicer's affidavit was insufficient for the bank to make a prima facie showing that it had physical possession of the note at the time of commencement of the foreclosure action.
First Dept Unanimously Reverses
The First Dept. unanimously reversed and held that the borrower demonstrated that the mortgage was time-barred.
First Dept Unanimously Affirms
First Dept. affirmed denial of the bank's summary judgment application, finding that an issue of fact exists regarding whether prior discontinuance revoked acceleration.
First Dept Dismisses Under CPLR 3215
The First Department reversed and dismissed a foreclosure action pursuant to CPLR 3215(c), finding that Plaintiff failed to demonstrate a reasonable excuse for its three year delay in seeking a default judgment.
Homeowners Dont have to Pay Twice
Trial Court: Because the homeowners paid the general contractor, the subcontractors had no right to seek to recover from the homeowners or file mechanic's liens against their home.
2nd Dept Restores Foreclosure Case
The Second Department unanimously reversed and held that the trial court lacked authority to sua sponte dismiss a foreclosure action.
2nd Dept-Legal Description Controls
Second Department Affirms Judgment of Foreclosure, finding that the legal description controls when there is a discrepancy between the legal address and the legal description of real property.
Relocation Lien Vacated as Invalid
Trial court held that the Relocation Lien filed against a new owner, who took title without notice of the relocation lien, was invalid as against the new owner and the premises
1st Dept. Unanimously Affirms
First Department unanimously affirms dismissal of foreclosure action as time-barred, holding that the RPAPL 1304 90 day notice does not toll the statute of limitations.
First Dept annuls NYC ECB violation
First Department annuls ECB violation, holding that legal use of building constructed prior to January 1, 1938 is controlled by its legal use as of January 1, 1938, and any unauthorized changes thereafter do not change the building's legal use.
Trial Court Dismisses Mortgage
Trial Court Dismisses Mortgage Foreclosure Case Based Upon the Six Year Statute of Limitations, as Lender Waited Six Years and Twenty-Four Days to Commence Action After Acceleration.
1st Dept: No Rent for Receiver
The First Department reversed and permanently enjoined the court-appointed Receiver from collecting rent or interfering with the possessory rights of the post-foreclosure owner.
Fourth Department Reverses Order
Fourth Dept. reverses and vacates order discharging mortgage due to borrower’s failure to obtain personal jurisdiction over lender.
Auction $80K Down-Payment Returned
Foreclosure auction winner who failed to close was entitled to return of $80,000.00 down-payment after subsequent auction resulted in increased sales price.
1st Dept: Fraud Adequately Pled
First Department affirms and holds that Plaintiff adequately pled a cause of action for aiding and abetting fraud.
We are experienced in the following areas:
Real Estate Transactions & Litigation: This includes all phases of contract disputes, Partitions actions, quiet title actions, foreclosure defense and more. Our attorneys have experience representing both buyers and sellers in residential and commercial transactions. We also represent mortgage lenders and servicers.
Business Formation & Litigation: We can help you with all aspects of your business operations including formation, contract drafting and review, mergers and acquisitions, sale, wind up and dissolution.
Landlord/Tenant: We represent both landlords and tenants from lease drafting and review to eviction proceedings.
Criminal Defense: Our attorneys handle criminal defense work including violations, misdemeanors, felonies and DUI & narcotics possession.
Areas of Practice
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At Richland & Falkowski, PLLC you can trust your case to experienced New York attorneys who understand how important any legal issue is to your business, professional and personal life. Richland & Falkowski, PLLC. has years of experience in a host of real estate property, commercial, consumer and transactional matters, as well as in criminal defense. Daniel Richland and Michal Falkowski began this firm to bring quality legal representation to his clients in all of New York State.
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