Morgan R Mccord

November 17, 2022 | New York Law Journal

Over the summer, the U.S. Court of Appeals for the Second Circuit answered the open question of whether the Bankruptcy Code's automatic stay provisions are violated by the foreclosure sale of a property when the debtor is a named defendant in the foreclosure proceeding, even if the debtor's interest in the property is only possessory, in the affirmative.

By Morgan R. McCord

6 minute read

May 23, 2022 | New York Law Journal

The Appellate Division's decision is a welcome relief to lenders that no longer need to fear that an alleged inaccuracy in the amount due provided in 90-day notice will result in dismissal. Perhaps more importantly, the decision may portend a deterioration of the strict compliance standard annunciated by the Second Department in 'Bank of America v. Kessler'.

By Morgan R. McCord

6 minute read

December 28, 2021 | New York Law Journal

In this Residential Foreclosure column, Morgan McCord discusses 'Bank of America v. Kessler', where the Appellate Division, Second Department answered the question of whether a lender may include information with an RPAPL 1304 90-day notice that is not mandated by the statute in the negative.

By Morgan R. McCord

8 minute read

October 28, 2021 | New York Law Journal

In an unprecedented decision with repercussions for mortgage servicers and title insurers, the Second Department has redefined the "willful neglect" standard in reforeclosure cases to encompass simple negligence. In moving the negligence needle, the court has introduced confusion and uncertainty to an area of the law that most observers believed was settled.

By Morgan R. McCord

5 minute read

August 27, 2021 | New York Law Journal

The Second Department notably avoided ruling on the open question of whether a third party that is not in privity with a borrower may interpose the statute of limitations as a defense to foreclosure. Had the Appellate Division addressed this important question, it could have clarified an unsettled area of the law and aided settlement in foreclosure cases.

By Morgan R. McCord

4 minute read

July 01, 2021 | New York Law Journal

A discussion of 'Brash v. Richards,' where the Appellate Division, Second Department helped ease the minds of litigants and their attorneys by ruling that Governor Cuomo's COVID-19 executive orders extending No. 202.8, "toll" rather than "suspend" the running of the statutory limitations periods.

By Morgan R. McCord

5 minute read

April 21, 2021 | New York Law Journal

The court answered the open questions of (1) what evidentiary showing a borrower must make to rebut a lender's proof of a standard office procedure to establish compliance with RPAPL 1304's notice requirement, and (2) whether lenders must provide information for all borrowers in RPAPL 1306 proof of filing statements.

By Morgan R. McCord

6 minute read

March 12, 2021 | New York Law Journal

The Appellate Division's decision is a welcome relief to the mortgage servicing industry.

By Morgan R. McCord

4 minute read

December 16, 2020 | New York Law Journal

The decision is a welcome relief to the mortgage servicing industry that anxiously awaited the Appellate Division's interpretation of RPAPL 1302-a.

By Morgan R. McCord

6 minute read