Nettet23. apr. 2024 · The use of an acceleration clause in a mortgage foreclosure action provides an important and expedient tool when foreclosing on a property. This article focuses on recent case law and discusses some of the benefits and pitfalls when using an acceleration clause and how to overcome these obstacles. Under New York CPLR … Nettet2 dager siden · The court reversed a trial court's judicial foreclosure and award of past due fees and attorney fees. The HOA argued attorney fees should be awarded even if the homeowner prevails on appeal. An...
THE MERE DISCONTINUANCE OF THE PRIOR FORECLOSURE ACTION …
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Discontinuing the Foreclosure Action—Easy Right?
Nettet3. jun. 2024 · THE MERE DISCONTINUANCE OF THE PRIOR FORECLOSURE ACTION DID NOT DE-ACCELERATE THE MORTGAGE DEBT; EXPLICIT NOTICE OF DE-ACCELERATION IS REQUIRED EITHER IN THE MOTION TO DISCONTINUE ITSELF OR IN A SEPARATE NOTICE; THEREFORE THE INSTANT FORECLOSURE … Nettet2. okt. 2024 · THE MERE PRESENCE OF A REINSTATEMENT CLAUSE IN THE MORTGAGE, WHICH ESSENTIALLY ALLOWS A BORROWER IN DEFAULT TO PAY THE ARREARS AND STOP THE ACCELERATION OF THE DEBT, DOES NOT AFFECT OR IMPEDE THE ACCELERATION OF THE DEBT WHEN A FORECLOSURE … Nettet15. okt. 2024 · In the instant case, the condominium association Defendant (Jefferson Woods) began and completed a prior judicial foreclosure action in which it foreclosed on its nine-month super priority statutory amount due. One of the Defendants in the case was defaulted for failure to appear. john wayne gacy accomplices