May 14, 2021 | New York Law Journal
Interest Tolling in Mortgage Foreclosure Actions Abrogates Contract Rights and Is Unlawful Under CPLR 5001When viewed in its proper context, tolling prejudgment interest is contrary to the plain language of CPLR 5001(a), legislative intent and Court of Appeals precedent.
By Adam M. Swanson and Jessie D. Bonaros
10 minute read
March 20, 2019 | New York Law Journal
Mortgage Acceleration and Statute of Limitations Developments in the Second DepartmentIn 'Bank of New York Mellon v. Dieudonne', the Appellate Division, Second Department determined that a mortgage is accelerated by the filing of a complaint to foreclose the mortgage with an election to accelerate. This is true even though a provision in the mortgage preserves the borrower's right to make installment payments rather than the full debt. The decision will reverberate nationally and through New York.
By Adam M. Swanson and Jessie D. Bonaros
9 minute read
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