Long Island Foreclosure Lawyer

  • The 90-Day Foreclosure Letter: Proving Service

    … to make a note in the borrower’s file that such notice was sent, then such evidence may be admissible to prove mailing under the business documents exception of the laws of evidence. Challenging Service and Receipt If you did not receive notice of an impending foreclosure or the notice itself was defective, your foreclosure attorney can move to dismiss…

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

    … In order to fully grasp the sometimes alarming outcome of a foreclosure action when a lienholder violates the six (6) year statute of limitations governing such cases, it is important to understand why statutes of limitations are so prominent in real property actions. Although enacted by the legislator, as opposed to a derivative of the common…

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

    … of property rights, especially real property rights. Under New York’s Civil Practice Law and Rule 231 (4),3 a mortgagee is generally required to bring judicial action on a note secured by a mortgage on real property within six (6) years of a triggering event. Failure to bring a foreclosure action within that timeframe can result in dismissal…

    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- 10 readers -