Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By David A. Pisciotta and Alissa K. Piccione | June 4, 2021
Though practitioners may understandably believe that they can rely on receipts from the clerk's office or a filing service as proof that the client's lien was perfected, this may not be sufficient if the clerk's office makes an error.
By George Howard and Lawrence Elbaum | June 4, 2021
Activists likely will continue seeking ways to preserve their investments and influence the Chapter 11 process, while debtors likely will continue seeking ways to prevent shareholder interference when equity is perceived to be out of the money.
New York Law Journal | Analysis
By Barbara M. Goodstein | June 2, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses '111 West 57th Inv. LLC v. 111 W57 Mezz Inv'r LLC', an Appellate Division ruling that is interesting for its interpretation as to the persons entitled to notice of and a right to object to a strict foreclosure under §§9-620 and 9-621. The case is also an important reminder to secured parties not to focus solely on the literal requirements of the Article 9 rules for strict foreclosure, but to keep in view the broader principles of the UCC.
New York Law Journal | Commentary
By Adam M. Swanson and Jessie D. Bonaros | May 14, 2021
When 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.
New York Law Journal | Analysis
By Morgan R. McCord | April 21, 2021
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.
New York Law Journal | Expert Opinion
By Todd Soloway and Michael Levison | April 13, 2021
The raft of litigation arising out of pandemic-induced foreclosure actions and diligence-intensive distressed deals are causing lenders and borrowers alike to carefully scrutinize their loan documentation. Methods of enforcement and potential defenses are critical.
New York Law Journal | Commentary
By Y. David Scharf, David B. Saxe and Aaron B. Lauchheimer | March 19, 2021
The COVID-19 pandemic has badly shaken the commercial real estate market. A recent First Department decision has thrown an unfortunate barrier up against the hope for a turnaround.
New York Law Journal | Analysis
By Morgan R. McCord | March 12, 2021
The Appellate Division's decision is a welcome relief to the mortgage servicing industry.
New York Law Journal | Commentary
By K. Scott Kohanowski | February 16, 2021
It is time for New York to protect all owner-occupants of residential property and urgently close the loophole that denies at-risk co-op unit owners the protections accorded to similarly situated homeowners.
New York Law Journal | Analysis
By Barbara M. Goodstein | February 3, 2021
In her Secured Transactions column, Barbara M. Goodstein discusses 'In re Le Tote', which involved an attempt by a secured creditor to enforce payment obligations of Lord & Taylor under a master lease agreement for 24 retail stores. U.S. Bankruptcy Judge Keith Phillips rejected that attempt, citing numerous reasons, but among them being that the plain language of §9-109 applied and the exception under §9-604 did not.
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