Long Island Foreclosure Lawyer

  • The 90-Day Foreclosure Letter: Proving Service

    … In a continuing effort to minimize homestead foreclosures in the Empire State, New York Real Property Actions and Proceedings Law (RPAPL) Section 13041 requires notice be sent to the mortgagor at least 90 days before a foreclosure action is commenced against the borrower. This provision applies no matter the type or balance of the loan…

    Ronald D. Weiss, PC- 18 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … law, statutes of limitations enforceable in real property actions have been codified since the Roman Empire. As far back as 1236, the English Common law, on which our American system of law is based, put temporal limitations on a claimant’s rights to bring a legal action to reclaim real property. The purpose behind such a limitations period…

    Ronald D. Weiss, PC- 15 readers -
  • Triggering the Statute of Limitations in a New York Foreclosure Action

    … are necessary to proceed with sale of the foreclosed property, like in many actions, the filing of a summons and complaint in a foreclosure action is subject to a statute of limitations. New York’s Statute of Limitations for Foreclosure Actions The American judicial system functions in accordance with a common law that strongly favors the protection…

    Ronald D. Weiss, PC- 9 readers -
  • Lapsing of the Statute of Limitations in New York Foreclosure Actions

    … Pursuant to New York’s Civil Practice Law and Rule 231 (4), a lienholder is generally required to bring judicial action on a note secured by a mortgage on real property within six (6) years of acceleration of the mortgage note. This can be accomplished by filing a foreclosure summons and complaint in supreme court or through some clear, overt act…

    Ronald D. Weiss, PC- 11 readers -