Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions
U.S. Bank N.A. v. Nelson NYLJ 12/18/20, p. 26, col. 3 Court of Appeals (memorandum opinion; concurring opinion by Wilson, J.)
Real Property Law
Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions Seller Denied Summary Judgment on Purchaser's Fraudulent Inducement Claim Fraudulent Transfer Claim Reinstated Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water Supreme Court Improperly Denied Specific Performance to Purchasers Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale Judgment Lien Enforced Despite Error In Docketed Amount
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