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- SUFFOLK
(631)-271-3737 , QUEENS (718)-751-0226 - NASSAU (516)-307-0262 , BROOKLYN (347)-508-9316
- Exceptional Legal Representation Throughout
- Long Island and New York, Since 1993.
- SUFFOLK (631)-271-3737 , QUEENS (718)-751-0226
- NASSAU (516)-307-0262 , BROOKLYN (347)-508-9316
- Exceptional Legal Representation Throughout Long Island and New York, Since 1993.
(631)-271-3737
(516)-307-0262
(347)-508-9316
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Queens, NY 11375
(718)-751-0226
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When can a landlord withold atenants security deposit ?
Most tenants are familiar and accepting of the concept that a security deposit (usually the equivalent of one-month’s rent) is due to a landlord at the commencement of a tenancy in order to safeguard the landlord against certain incidental damages that may occur during the life of the tenancy. The general idea is that once a tenancy ends and a tenant timely vacates, the security deposit will be returned to the tenant in full. The Courts have found that a landlord holding a security deposit under a lease covering the...
Can the Court vacate a Housing Court Stipulation of Settlement that was made by a tenant Without the Assistance of Counsel?
If a tenant or occupant of a premises appears in Housing Court in response to a Non-payment or Holdover Petition and enters into a Stipulation of Settlement to vacate, and later realizes that compliance with the Stipulation is impossible, can they seek that the Court vacate and essentially nullify the Stipulation? In Order to obtain this relief, the tenant/occupant would need to return to Court with an Order to Show Cause requesting the vacatur of the Stipulation and the restoration of the case to the Court’s calendar. Whether the Stipulation...
The Business Records Exception
Introduction The Business Records Exception is a vital legal principle that affects various aspects of litigation, including foreclosure actions. In this article, we'll delve into the historical context and recent changes surrounding the Business Records Exception, with a particular focus on the plaintiff's service of the necessary 90-day notice. Moreover, we'll explore the intriguing shift in standards related to actual knowledge, allowing any officer familiar with the plaintiff's documents to testify regarding the sending of the notice. Historical Perspective Traditionally, pursuing a foreclosure action required the plaintiff to provide a...
The Lack of Possession of Original Loan Documents Defense, as used in New York State, by Foreclosure Defendants, and Whether it is Still an Effective Defense to Question Whether the Plaintiff Has Been in Possession of Original Loan Documents at the Time of Commencement of the Foreclosure Action?
Foreclosure defense strategies in New York State have frequently included the Lack of Possession of Original Loan Documents Defense, which involves questioning whether the plaintiff possesses the original loan documents at the time of commencing foreclosure actions. This article provides an update on the Lack of Possession Defense and assesses its current effectiveness in challenging foreclosure cases. Introduction Foreclosure cases can be legally complex, and effective defense strategies are essential for homeowners facing such situations. The Lack of Possession of Original Loan Documents Defense has been a pivotal strategy used...
The Lack of Standing Defense, as used in New York State, by Foreclosure Defendants, and Whether it is Still an Effective Defense to Question the Assignments, Endorsements and Possession Chain, Given that Many Judges Simply Look At Whether the Plaintiff Has Submitted Proof that it Held Copies of the Note and Mortgage on the Date of the Commencement of the Case.
Foreclosure defense in New York State has long relied on the Lack of Standing Defense, which involves questioning the assignments, endorsements, and possession chain of mortgage notes. However, recent developments and changing judicial perspectives have raised questions about its continued effectiveness. This article provides an update on the Lack of Standing Defense and evaluates whether it remains a viable strategy for foreclosure defendants. Introduction Foreclosure cases are complex legal matters, often involving intricate details related to the chain of ownership of mortgage notes and the plaintiff's standing to initiate foreclosure...
The Effect of the Foreclosure Abuse and Prevention Act, as used in New York State by Foreclosure Defendants, on the Ability to Assert Statute of Limitations in Appropriate Foreclosure Actions in New York State?
Foreclosure proceedings can be complex and challenging for homeowners facing the risk of losing their properties. In New York State, the Foreclosure Abuse and Prevention Act has been a significant development in foreclosure defense. This article provides an update on the effect of the Foreclosure Abuse and Prevention Act, as used by foreclosure defendants in New York, on their ability to assert statute of limitations in foreclosure actions. Introduction The Foreclosure Abuse and Prevention Act, a crucial piece of legislation in New York State, aims to address issues related to...
Give the Status of the Kessler Decision, After the Decision By the Recent Court of Appeals Which Narrowed Kessler to Situations of Separate Documents Which Cause Ambiguity
In the ever-evolving landscape of contract law, legal decisions can significantly impact established doctrines. The Kessler Decision, a prominent element in contract law, has recently faced a critical challenge. This article delves into the status of the Kessler Decision after a recent Court of Appeals ruling that has narrowed its application to situations involving separate documents that cause ambiguity. Introduction to the Kessler Decision The Kessler Decision has long been a cornerstone of contract law, offering protection against unjust claims of infringement on contract rights. It established the principle that...
Give Developments in the Law as to Decisions Applying to CRAMDOWNS and Lien Stripping in Chapters 13 and 11 And Whether These Tools Have Been Helpful to Allow Debtors to Successfully Confirm and Implement Their Plans?
In recent years, the landscape of bankruptcy law in the United States has witnessed significant developments, particularly concerning CRAMDOWNS and lien stripping in Chapters 13 and 11. These tools have played a pivotal role in shaping the outcomes of bankruptcy cases, offering a ray of hope to debtors seeking to regain their financial footing. In this article, we delve deep into the nuanced world of CRAMDOWNS, lien stripping, and their evolving legal landscape. Understanding CRAMDOWNS CRAMDOWNS, an integral component of bankruptcy law, allow for the adjustment of certain secured debts...
What Are Exceptions to the Rooker-Feldman Doctrine That Allow the Bankruptcy Court to Adjudicate an Issue That Had Been Determined in a State Court Proceeding and How Does That Apply to Objecting to Proofs of Claim in a Bankruptcy Case?
In the realm of bankruptcy law, few doctrines carry as much weight and complexity as the Rooker-Feldman Doctrine. This legal principle governs the relationship between federal and state courts, particularly concerning jurisdiction and the review of state court decisions. This article explores the exceptions to the Rooker-Feldman Doctrine that permit bankruptcy courts to adjudicate issues previously determined in state court proceedings, with a particular focus on how these exceptions apply to objecting to proofs of claim in bankruptcy cases. Introduction Understanding the intricacies of the Rooker-Feldman Doctrine is crucial for...
How Has the Change in the Law in New York State Reducing the Statute of Limitations for Avoidable Transfers, Affected the Bringing and Success of Adversary Proceedings in Bankruptcy Cases Filed in New York State?
In recent years, a significant legal change in New York State has sent ripples through the bankruptcy landscape. The reduction of the statute of limitations for avoidable transfers has had profound effects on the filing and outcomes of adversary proceedings in bankruptcy cases within the state. This article explores the intricate details of this change and its repercussions. Introduction to the Change in the Law The change in New York State law marks a crucial turning point in the realm of bankruptcy proceedings. Understanding the nature and scope of this...
How Successful Have Been Cases Filed Under Subchapter V of Chapter 11 of the Bankruptcy Code?
In recent years, Subchapter V of Chapter 11 of the Bankruptcy Code has gained significant attention, particularly in the realm of small business bankruptcies. Designed to offer a streamlined and more cost-effective path for financially struggling small businesses, Subchapter V presents an intriguing alternative to the traditional Chapter 11 bankruptcy process. But just how successful have cases filed under Subchapter V been when compared to small business Chapter 11 cases and standard Chapter 11 cases throughout the United States? Introduction to Subchapter V of Chapter 11 To grasp the concept...
How Do Courts Deal With the Eligibility of a Debtor in Chapter 7 of the Bankruptcy Code in Terms of the Housing Allowance of a Debtor in Foreclosure or in Eviction, Who Has Not Paid Their Mortgage or Rent For a Protracted Period of Time?
Introduction When financial troubles loom large, individuals facing the prospect of losing their homes due to foreclosure or eviction often consider filing for Chapter 7 bankruptcy as a potential lifeline. This legal process, governed by the Bankruptcy Code, offers a fresh start to debtors by liquidating their assets to pay off creditors. However, the eligibility of a debtor in Chapter 7 bankruptcy, especially in relation to their housing allowance and unpaid mortgage or rent, is a complex issue that courts carefully scrutinize. Chapter 7 Bankruptcy Overview Before delving into the...
How Effective is the “Loss Mitigation Program” in Chapter 13 Cases?
In the realm of bankruptcy law, Chapter 13 cases bring a unique perspective to the table. Among the various tools and programs available to debtors seeking financial relief, the "Loss Mitigation Program" stands out as a pivotal element. This program allows the court to encourage and supervise debtors' modification efforts. But how effective is it, and how widespread is its implementation across the United States? The Purpose of the Loss Mitigation Program Understanding the Core Objective The Loss Mitigation Program was established to address a fundamental issue within Chapter 13...
Should the Borrower be obligated to pay the Bank an Excessive Amount of money for Interest where the Bank delayed the commencement of the foreclosure action and/or has been lax in its prosecution of the foreclosure action?
We have often encountered cases where the Plaintiff fails to commence a foreclosure action until years after the date of the alleged default by the Borrower in failing to make the payments due under the Note and Mortgage. In other cases, the Bank commences the foreclosure action, but fails to aggressively prosecute thew action. Some foreclosure actions linger for countless years. When the Bank finally requests a Judgment of Foreclosure & Sale from the Court, which enables it to conduct a foreclosure sale, the Bank claims that it is entitled...
The Bank is Threatening to Foreclose – What’s the Best Way of Letting My Home Go?
If you live in New York, and are currently dealing with the threat of having your house foreclosed on, there are several non-retention options for you to think about. What is a Non-retention Option? Sometimes, no matter how hard you want to stay in your home, the circumstances just no longer work for you. This is when people threatened with foreclosure look at non-retention options. In “bank speak”, non-retention options are ways you stop a foreclosure process by giving up the right to your property. These options include: A Voluntary...
What Do I Do If One of My Commercial Tenants Declares Chapter 11?
If you own commercial real estate in New York, and one of your tenants just declared Chapter 11 bankruptcy, you need to know your rights and responsibilities. When Commercial Tenants Go Bankrupt No one runs a business expecting it to fail. Your tenants signed their leases fully believing that they would have no trouble paying your rent. But things can happen — from pandemics, to recessions, to sudden illnesses. If you have been notified that one of your tenants declared Chapter 11, this is what you should expect. Automatic Stay...