Francis M Caesar

June 08, 2023 | New York Law Journal

An in-depth discussion of how a real party in interest must be joined to an action regardless of whether the plaintiff had standing to commence that action.

By Francis M. Caesar

14 minute read

May 13, 2022 | New York Law Journal

The foreclosure cases in the last decade that have likely awarded hundreds of judgments to plaintiffs who lacked standing have been an intellectual blight on New York state jurisprudence.

By Francis M. Caesar

9 minute read

August 19, 2020 | New York Law Journal

As discussed in this article, how acceleration is achieved in a mortgage contract can affect which accrual statute applies to both a cause of action for full foreclosure and the applicable statute of limitation.

By Francis M. Caesar

12 minute read

November 15, 2019 | New York Law Journal

The Fannie Mae New York form mortgage does not contain an acceleration clause. Instead, §22 of the form creates a right of the mortgagee to demand payment in full, without regard to the maturity date of the underlying debt.

By Francis M. Caesar

20 minute read

May 02, 2019 | New York Law Journal

This article argues that because the acceleration provision of the Fannie Mae Form mortgage note does not conform with NY-UCC §1-309 (formerly NY-UCC §1-208), said mortgage note is not a time instrument pursuant to subsection (c) of NY-UCC §3-109(1) but rather a hybrid instrument: a time instrument that can be converted into a demand instrument.

By Francis M. Caesar

12 minute read