Mortgage Foreclosures, 2022-23

Contents at a Glance

Opening the File / Election of Remedies / Party Defendants / Notice of Pendency (Lis Pendens) / Summons and Complaint / Reference to Compute / Bill of Costs / Judgment of Foreclosure and Sale / Sale of Property / Referee’s Deed / Referee’s Report of Sale / Claims Where Foreclosure of Mortgage Is Void or Voidable

Product Description

Part of the New York Lawyers’ Practical Skills Series (PSS)

PC: 41423/41423E (PSS)

Covering the basics of a mortgage foreclosure proceeding, this practice guide also addresses service on tenants, the attorney affirmation of compliance in residential foreclosure actions, consumer protection legislation and its application to a mortgage foreclosure proceeding.

Mortgage foreclosures require careful adherence to procedures set forth in Article 13 of the N.Y. Real Property Actions and Proceedings Law and the Civil Practice Law and Rules. These statutes have their roots in the common law, and for the most part have been in existence for decades. Because the statutes have not changed very much, they do not address modern problems of enforcing real estate security interests. The result is that judicial decisions provide necessary adaptation of ancient theories to modern experiences with sometimes surprising results.

Mortgage Foreclosures guides the practitioner through the basics of a mortgage foreclosure proceeding. With its helpful practice guides and many useful forms, this is an invaluable resource.

Discussion of new cases and their effect on the practice of mortgage foreclosures has been added to this edition. This practice guide also includes a set of Downloadable Forms. The 2022-2023 release is current through the 2022 legislative session.

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