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CitiMortgage, Inc. v Sultan: 2014 NY Slip Op 24411 [47 Misc 3d 626] October 29, 2014:. foreclosure plaintiff bears the burden of showing that the loan subject to foreclosure does not meet these criteria and thus is exempt from a mandatory foreclosure. yet he appears unwilling to take any responsibility for the nature of this troubling.
In actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower shall attend. If a mediator is unable or unwilling to accept a mediation.
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To prevent a foreclosure from occurring at some point in the future, thereby ruining her credit, the plaintiff sibling filed a petition. both I and their attorneys had to remind them that if they.
Service of the notice of foreclosure of the right of redemption bars the filing or continuance of any action to set aside, cancel, or in any way invalidate the tax deed referred to in the notice or.
Although foreclosure attorneys face an uphill battle when it comes to obtaining deficiency judgments, the law is clearly on their side. Even though some courts are unwilling to enter such judgments, plaintiff’s counsel can prevail by being persistent and prepared.
Many lenders stalled or stopped prosecuting foreclosure cases, thus never finalizing a sheriff’s sale. The underlying property remained titled in the name of the original homeowner, who had abandoned the property, but the lender remained unwilling to finalize the foreclosure proceeding. Stuck in this state of limbo, a "zombie property" is.
Berneske’s insurance company, Traveler’s, however was unwilling to get involved. Her former neighbor moved out and rented his place to tenants. It later went into foreclosure, and ownership went to.
Courts in New York have dismissed foreclosing plaintiff’s lawsuits where there is an insufficiently crafted lost note affidavit that does not explain why the original could not be produced. Specifically, the court in EMC Mortgage v. Gass dismissed a foreclosure action due to the many deficiencies in the lost note affidavit. The court noted that the lost note affidavit merely stated that “to the best of [the affiant’s].
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In the past, McLaughlin said they have created affordable condos without this out, but interested buyers have been unable to.