Bruce J Bergman

April 26, 2023 | New York Law Journal

A discussion of the "fact sensitive" instances where an appointing party may be constrained to pay the receiver's bills and/or commissions.

By Bruce J. Bergman

5 minute read

February 27, 2023 | New York Law Journal

On Feb. 14, the Court of Appeals rendered an important decision in 'Bank of America, N.A. v. Kessler,' reversing the lower courts on the subject of pre-foreclosure notices.

By Bruce J. Bergman

5 minute read

January 03, 2023 | New York Law Journal

In his Mortgage Foreclosure column, Bruce Bergman offers some basics on the subject of the voluntary payment doctrine which provides in short that when a sum is paid with full knowledge of the facts, and without protest, it is deemed voluntary and no later attack on the payment can succeed.

By Bruce J. Bergman

5 minute read

July 12, 2022 | New York Law Journal

While lenders would like to believe that the subject of awarding legal fees in a mortgage foreclosure (or condominium lien foreclosure) action is reasonably consistent and predictable, that turns out not to be quite so.

By Bruce J. Bergman

7 minute read

May 10, 2022 | New York Law Journal

In foreclosure cases, the consequences of a mistake can be critical. One misstep is failing to name and serve a party with a junior interest, a "necessary party." The strict foreclosure action is a way of solving what could otherwise be a "very thorny dilemma."

By Bruce J. Bergman

6 minute read

April 12, 2022 | New York Law Journal

In his Foreclosure Litigation column, Bruce Bergman discusses a new law which becomes effective on April 30 "labelled as an amendment to the civil practice law and rules regarding the interest rate applicable to money judgments arising from consumer debt," but "conspicuously, never once mentions mortgages, mortgage foreclosure or judgments of foreclosure and sale."

By Bruce J. Bergman

6 minute read

December 15, 2021 | New York Law Journal

In his Foreclosure Litigation column, Bruce Bergman discusses the recent decision in 'HSBC Bank USA, N.A. v. Shah,' where the defendant argued that the foreclosing plaintiff failed to demonstrate strict compliance with the 90-day letter pre-foreclosure notice provision. He writes that the case "offers a modicum of solace, under concededly limited but not so uncommon circumstances."

By Bruce J. Bergman

4 minute read

October 19, 2021 | New York Law Journal

In his Mortgage Litigation column, Bruce Bergman discusses what he believes to be a disastrous new legislation, the ominously titled ""Foreclosure Process Abuse Prevention Act."

By Bruce J. Bergman

14 minute read

August 24, 2021 | New York Law Journal

Generally speaking, the equitable defense of laches is unavailable in an action commenced within the applicable period of limitation. But a recent case where a lender encountered a number of mishaps but was very slow to cure its problems, has presented different circumstances. In his foreclosure Litigation column, Bruce Bergman discusses the case "Bank of New York v. Terrapin Industries."

By Bruce J. Bergman

5 minute read

July 13, 2021 | New York Law Journal

Bruce Bergman discusses why Bill 2502-A, which amends RPAPL §1302, appears to be an error and "will likely render impossible both the making of home loan mortgages and the foreclosure of such mortgages."

By Bruce J. Bergman

9 minute read