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An administrative order issued by the state’s chief judge requires counsel for a foreclosing mortgagee to prepare an affirmation establishing the factual accuracy of the documents on which the foreclosure action is based. When the mortgagor has conceded default on the mortgage, what perceived deficiencies in the affirmation preclude issuance of an order of reference and a judgment of foreclosure and sale? The First Department recently faced that issue in Bank of America v. Brannon, NYLJ 11/1/17, p. 22., col. 1, and the issue has also provoked litigation in the Second Department. The import of those cases appears to be that when the mortgagee substantially complies with the administrative order, the mortgagee will be entitled to proceed with the foreclosure.
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The Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
By New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
By New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
By New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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