Entries by Scott Lanin

Is the mortgage company required to convert a trial payment plan into a permanent loan modification?

I have clients who own a house in Nassau County. The property is in a foreclosure action in the Nassau County Supreme Court. The action is several years old and the clients already had defaulted by not opposing the bank’s motion for summary judgment in 2013. However, in 2015, the bank offered them a trial […]

Did your mortgage company tell you to stop paying in order to qualify for a loan modification?

I recently had 2 clients in foreclosure. One was a residential Mortgage foreclosure in the Westchester County Supreme Court. The other one is a four-unit residential property in foreclosure in the New York County Supreme Court. In both cases, my client had alleged that the bank representative told them to stop making payments in order […]

Are condominium owners entitled to a mandatory foreclosure settlement conference under CPLR 3408 in an action to foreclose a lien for unpaid common charges?

I have a client who has a condominium apartment in foreclosure in New York. She defaulted by not appearing for a hearing on the condos summary judgment motion but she did oppose that motion with a written affidavit. Her reason for not appearing was due to medical illness and for whatever reason the court did […]