Bruce J Bergman

January 12, 2021 | New York Law Journal

In his Foreclosure Litigation column, Bruce Bergman notes how there has been a surprising number of cases lately where foreclosures are dismissed as abandoned for lenders' failure to adhere to a particular time frame. He writes: "This is one arena where lenders really should not lose, because when they do, it is their own fault. The system is tough enough without the foreclosing plaintiff shooting itself in the foot."

By Bruce J. Bergman

7 minute read

December 29, 2020 | New York Law Journal

A not so uncommon event in mortgage foreclosure actions is the dismissal of the case, or the compelling of some measure by the court, sua sponte, that is, on its own—without a motion having been made for that relief. The sheer reported volume of appellate division reversals of trial court sua sponte dismissals confirms that such occurrences are, if not definable as a problem, certainly an issue.

By Bruce J. Bergman

11 minute read

December 08, 2020 | New York Law Journal

In his foreclosure column, Bruce Bergman discusses three questions still causing confusion when dealing with acceleration and the statute of limitations: (1) What language actually constitutes an acceleration? (2) Does the filing of a foreclosure complaint evince an acceleration? And (3) does discontinuance of a prior foreclosure revoke an acceleration?

By Bruce J. Bergman

10 minute read

September 08, 2020 | New York Law Journal

  Eviction after foreclosure continues to remain one of the more mysterious aspects of the mortgage foreclosure process, mainly for foreclosing…

By Bruce J. Bergman

6 minute read

July 28, 2020 | New York Law Journal

  Assembly Bill 10553 dated May 29, 2020 proposes a ban on foreclosure actions for at least a year and creates enormous problems and confusion…

By Bruce J. Bergman

8 minute read

October 15, 2019 | New York Law Journal

In his Foreclosure Litigation column, Bruce Bergman discusses a "savings provision" contained in CPLR §205 which has received a helpful liberal interpretation by the Court of Appeals which permits a dismissed action to be initiated anew even though the statute of limitations had otherwise expired. This has the potential to avoid the anomaly of a defaulting borrower otherwise entitled to retain mortgage proceeds with no remedy for the lender. 

By Bruce J. Bergman

6 minute read

July 30, 2019 | New York Law Journal

In his Foreclosure Litigation column, Bruce Bergman explains that although foreclosure discontinuance motions without prejudice are granted in an “overwhelming number of instances,” it remains in the court's discretion. Thus, if damage or prejudice to a defendant might result, discontinuance may be denied.

By Bruce J. Bergman

6 minute read

May 28, 2019 | New York Law Journal

In his Foreclosure Litigation column, Bruce Bergman discusses the timing issue surrounding a foreclosing plaintiff proceeding to sale and concludes: “It appears that a pre-amendment foreclosure judgment does not require a foreclosure sale within 90 days. While an uncertain or timorous plaintiff might err on the side of caution and seek such an order to avoid any chance of contention, such appears to be unnecessary and wasteful of time and expense.”

By Bruce J. Bergman

7 minute read

December 18, 2018 | New York Law Journal

In his Mortgage Foreclosure column, Bruce Bergman warns of the severe consequence potentially facing lenders who unduly delay the foreclosure action: elimination of interest for the period of delay. 

By Bruce J. Bergman

6 minute read

August 07, 2018 | New York Law Journal

In his Mortgage Foreclosure column, Bruce J. Bergman discusses eviction after foreclosure which is a “more obscure and thorny pursuit than might be imagined and could benefit from clarity and resolution,” something recent cases have helpfully supplied.

By Bruce J. Bergman

1 minute read