Bruce J Bergman

September 03, 2024 | New York Law Journal

It should be seen as highly unusual that the foreclosing plaintiff would seek to delay bringing the action to a conclusion. Nonetheless, New York State mandarins believed that foreclosure sales were being delayed.

By Bruce J. Bergman

4 minute read

July 02, 2024 | New York Law Journal

While lenders and servicers with New York portfolios should long have been exceptionally familiar with the requirement, such presumed awareness nonetheless seems to little diminish the constant—often fatal losses suffered.

By Bruce J. Bergman

9 minute read

April 30, 2024 | New York Law Journal

In a continuation of his discussion on the efficacy of a plaintiff's nominal bid at a foreclosure sale, Bruce Bergman takes issue with the Third Department in its ruling in 'Wilmington Savings Fund Society FSB v. Oppitz.'

By Bruce J. Bergman

6 minute read

January 02, 2024 | New York Law Journal

"It is remarkable that nuances attendant to acceleration of a mortgage debt and the running of the statute of limitations continue to arise and surprise." The recent case discussed here confirms how often foreclosing parties lose on the statute of limitations issue, calling into question the need for the remedies of FAPA.

By Bruce J. Bergman

4 minute read

October 10, 2023 | New York Law Journal

Bruce Bergman discusses 'Wilmington Savings Fund Society, FSB v. Racer,' which deals with the "once believed innocuous 30-day notice requirement," and more specifically, when borrowers deny receipt, whether the foreclosing party can prove the notice was sent.

By Bruce J. Bergman

4 minute read

August 29, 2023 | New York Law Journal

A discussion of the Foreclosure Abuse Prevention Act, with particular focus on those provisions relating to a time-barred result and settlement considerations.

By Bruce J. Bergman

7 minute read

August 08, 2023 | New York Law Journal

While standing may be the most common defense in a residential foreclosure action, there should be little doubt that the RPAPL §1304 90-day pre-foreclosure notice mandate is surely the most insidious.

By Bruce J. Bergman

5 minute read

August 04, 2023 | New York Law Journal

Bruce Bergman discusses U.S. Bank National Association as Trustee v. Pierre, the first case to address the Foreclosure Abuse Prevention Act, specifically a single (but meaningful) portion of the Act: the six-month grace period to begin a new action.

By Bruce J. Bergman

3 minute read

June 09, 2023 | New York Law Journal

Can a lender safely bid a nominal sum at a foreclosure sale? Sure. But first a foreclosing party might ask why the question needs to be asked, and then why the answer is so tersely affirmative.

By Bruce J. Bergman

5 minute read

May 24, 2023 | New York Law Journal

The running of the statute of limitations is assuredly a major and continuing problem for mortgage holders—typically encountered not surprisingly in the mortgage foreclosure action itself. That danger is exacerbated by the foreclosure abuse prevention act which denies to a foreclosing party the right to unilaterally withdraw an acceleration or cancel it by discontinuing the action. But the concept is not confined solely to that arena. Rather, it can apply to what might be seen as peripheral pursuits, for example, the strict foreclosure.

By Bruce J. Bergman

4 minute read