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Selected Matters | New York Foreclosure and Consumer Cases
Representation in specific matters in New York State and Federal courts. Each matter links to a page describing what happened and why.
Prior results do not guarantee a similar outcome. Matters shown describe representation in specific cases and are not a prediction about any other matter.
Foreclosure · Appeal
Appellate Division · First Department
Appellate Reversal · RPAPL 1304
A New York foreclosure summary judgment was unanimously reversed on appeal in the Appellate Division, First Department, where the record did not prove proper mailing of the RPAPL 1304 90-day notice.
Prior results do not guarantee a similar outcome.
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Foreclosure · Statute of limitations
New York State Court · Kings County
Time-Barred Foreclosure Defense
A New York foreclosure dismissed with prejudice as time-barred, the mortgage canceled, and attorney fees awarded to the homeowners.
Prior results do not guarantee a similar outcome.
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Bankruptcy · Stay violation
Federal Court · EDNY
Automatic-Stay Violation
A New York home was sold one day after a Chapter 13 filing, violating the automatic stay. The court found the violation willful and awarded $1,635,000 in compensatory and punitive damages.
Prior results do not guarantee a similar outcome.
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Prior results do not guarantee a similar outcome. Every case turns on its own facts.