November 18, 2024 | New York Law Journal
Questions About Foreclosure Abuse Prevention Act Remain Unanswered“Just when you think you’re out, the New York Foreclosure Abuse Prevention Act (FAPA) pulls you back in. Since the question at hand is whether or not FAPA can be applied retroactively, a brief trip down memory lane seems fitting.”
By Jeffrey B. Steiner and Megan Vallerie
5 minute read
May 14, 2024 | New York Law Journal
A Deed In a Box: A Rare NY Case Where It Was Tied Up With BowA seemingly tidy and fair solution to a very complicated problem, a deed in escrow gives a borrower additional time to sell or refinance its property while still giving the lender an efficient means to obtain the property if the borrower defaults anew. This is hardly a gift in New York though, where the oft-called "deed in a box" is almost always held to be unenforceable.
By Jeffrey B. Steiner and Megan Vallerie
6 minute read
September 19, 2023 | New York Law Journal
Are Notes Sold as Part of Loan Syndication Securities?In their Financing column, Jeff Steiner and Megan Vallerie discuss 'Kirschner v. JP Morgan Chase Bank,' which examines the question: "Are notes sold as part of loan syndication securities?"
By Jeffrey B. Steiner and Megan Vallerie
6 minute read
May 16, 2023 | New York Law Journal
Potential Impacts of the Foreclosure Abuse Prevention ActA discussion of the various impacts the FAPA will have going forward that mortgage lenders should be aware of.
By Jeffrey B. Steiner and Megan Vallerie
6 minute read
January 18, 2023 | New York Law Journal
To Call or Not to Call (a Non-Monetary Default)?In their Real Estate Financing column, Jeffrey Steiner and Megan Vallerie discuss the question of whether or not the exercise of remedies by a lender following a non-monetary event of default is enforceable.
By Jeffrey B. Steiner and Megan Vallerie
7 minute read
July 19, 2022 | New York Law Journal
The Statute of Limitations for Mortgage Foreclosures Faces Potential ChangesIn raising a statute of limitations defense, a question may arise as to when the lender accelerated the loan, which begins the running of the six-year statutory period. Courts have held that the lender must take an "unequivocal overt act" and deliver a notice to the borrower expressly accelerating the loan. This article discusses several cases which have addressed the issue of what constitutes an unequivocal notice.
By Jeffrey B. Steiner and Megan Vallerie
6 minute read