Foreclosure Samples
Appellate Division, First Department, Appellant’s Brief. The servicer failed to send a notice of default to the borrower under the terms of the mortgage. The motion court granted the bank summary judgment despite this fact. On appeal, we convinced the First Department to reverse the motion court’s order and dismiss the complaint.
Appellate Division, Second Department, Appellant’s Brief. This opening brief raised issues about the lender’s standing and RPAPL §1304 compliance, which led to reversal of of summary judgment and order of reference.
New York Appellate Division, Second Department, Appellant’s Brief. This appeal involved a private note-holder’s attempt to foreclose a mortgage that was procured by fraud. The client represented herself pro se in the motion court, and her protestations that she did not sign the mortgage being foreclosed were repeatedly ignored. The brief I wrote led to the private note-holder withdrawing the foreclosure action. It’s an interesting set of facts, which you will enjoy reading.
New York Appellate Division, Second Department, Responding Brief. The motion court denied the bank’s motion for a default judgment under CPLR §3215(f) and the bank appealed. This brief argued the bank did not establish its entitlement to default and defendants were entitled to raise a standing defense under newly enacted RPAPL §1302-a.
New York Supreme Court, Motion to Dismiss Pursuant to CPLR §3408. The bank refused to negotiate in good faith. We sought sanctions based on their bad faith.
Outline of Opposition to Motion for Summary Judgment. People often ask me about my writing method. I always start with an outline. Here is an example of one I did for a case involving foreclosure of commercial property based on an alleged default of mortgage provisions related to the upkeep of the property.
Motion to Compel Discovery. This motion demands discovery responses from a plaintiff bank.
Case Law Analysis of Wells Fargo v. Erobobo (Kings County Supreme Court), which was an early attempt to beat back the offense of the banks during the foreclosure crisis.
