Bruce J Bergman

February 14, 2007 | New York Law Journal

Bruce J. Bergman, a partner at Berkman, Henoch, Peterson & Peddy, writes that as a matter of law, a true purchase money mortgage does not constitute a loan or forbearance, consequently, the interest charged on it cannot be usurious. However, the courts' misapprehension regarding the applicability of criminal usury to a true purchase money mortgage continues to baselessly grow upon itself.

By Bruce J. Bergman

9 minute read

September 24, 2008 | New York Law Journal

Bruce J. Bergman, a partner with Berkman, Henoch, Peterson & Peddy, writes: The borrower's right to redeem the mortgage, that is, pay it in full and unburden the property from the lien of that mortgage, is so basic that it might be assumed graven in stone since the days of enfeoffment of seizin in old England. Perhaps surprisingly, it is not so; new issues have arisen and been litigated.

By Bruce J. Bergman

14 minute read

July 06, 2011 | New York Law Journal

Bruce J. Bergman, a partner with Berkman, Henoch, Peterson, Peddy & Fenchel, writes: As a condition of prosecuting a mortgage foreclosure anywhere in New York City, how amenable would a lender or servicer be to registering with the city, obtaining and posting a bond and assuming responsibility for all property maintenance for the life of the action? These are bizarre notions but are precisely the stated written intentions of the legislative body.

By Bruce J. Bergman

18 minute read

March 29, 2006 | New York Law Journal

Bruce J. Bergman, a partner with Berkman, Henoch, Peterson & Peddy, P.C., writes that when law and custom clash, law will likely prevail. But if they do not intersect, informal custom will remain uncircumscribed by legal requirements. Until recently, this was the situation affecting fees for referees to sell in mortgage foreclosure actions and it led to some abuses not addressed (and now tacitly exposed) by case law.

By Bruce J. Bergman

11 minute read

August 16, 2006 | New York Law Journal

Bruce J. Bergman, a partner with Berkman, Henoch, Peterson & Peddy, writes that for lenders who have slogged through sometimes interminable foreclosure actions, become the foreclosure sale purchasers, and now face a post-sale eviction to gain possession of the property, having two distinct statutory eviction procedures may sound like helpful latitude. Unfortunately, the two methods are often confused and melded, creating substantial roadblocks.

By Bruce J. Bergman

10 minute read