Editor: David Reiss
Brooklyn Law School

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May 14, 2015

Thursday’s Advocacy & Think Tank Round-Up

By Serenna McCloud

City lab’s analyzes why Billionaires Don’t Pay Taxes in New York, concludes that recent housing boom has been in the “ultralux” market and that the owners pay a fraction of their share due to a tax code that shifts the … Continue reading

February 26, 2015

Tenants in Foreclosure

By David Reiss

Judge Demarest issued a Decision and Order in 650 Brooklyn LLC v. Hunte et al. (No. 504623/2013 Feb. 5, 2015). The defendants moved for dismissal because the foreclosing plaintiff failed to comply with a relatively new NY statute that requires … Continue reading

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February 26, 2015 in New York | Permalink | No Comments

February 23, 2015

Mortgage Assignment Mayhem

By David Reiss

Judge Drain issued a biting Memorandum of Decision on Debtor’s Objection to Claim of Wells Fargo Bank, NA in the case In re Carrsow-Franklin (No. 10-20010, Jan. 29, 2015). The Court granted the debtor’s claim objection “on the basis that … Continue reading

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February 23, 2015 in New York | Permalink | No Comments

June 11, 2014

NY Court Rejects Lack-of-Standing Claim

By Ebube Okoli

The court in deciding HSBC Bank USA v Sage, 112 A.D.3d 1126 (N.Y. App. Div. 3d Dep’t 2013) affirmed the lower court’s decision dismissing the defendant’s lack of standing claim. HSBC Bank USA commenced this foreclosure action alleging that defendant … Continue reading

May 24, 2014

New York Court Denies Defendant’s Cross-Move to Dismiss Plaintiff’s Complaint Pursuant to CPLR 3211(a)(3)

By Ebube Okoli

The court in deciding Waterfall Victoria Master Fund, Ltd. v Hayle, 2013 N.Y. Misc. (N.Y. Sup. Ct. Dec. 11, 2013) denied the defendants’ cross-motion to dismiss the complaint based upon the plaintiff’s lack of standing is denied. The court granted … Continue reading

May 23, 2014

Supreme Court of New York (Kings County) Denies Summary Judgment Motion on Plaintiff’s Standing To Foreclose

By Ebube Okoli

The court in deciding U.S. Bank Natl. Assn. v Steinberg, 42 Misc. 3d 1201(A) (N.Y. Sup. Ct. 2013) denied the plaintiff’s motion for summary judgment in its entirety. The Morgan Stanley Mortgage Trust commenced this foreclosure action against the Steinbergs. … Continue reading

May 20, 2014

S.D.N.Y. Denies Mortgagor Under 11 U.S.C.S. § 1109(b)

By Ebube Okoli

The court in deciding In re Residential Capital, LLC, 2013 Bankr. 5316 (Bankr. S.D.N.Y., 2013) denied the mortgagor’s motion for an order declaring that the debtors’ bankruptcy estate owned title to the note, to void a state court title transfer, … Continue reading