In real estate disputes, the relationship between the bank and the borrower is typically considered that of debtor and creditor. However, in some cases it can be a fiduciary relationship. In a recent case I handled, the bank interfered with the borrower’s control over selling its real estate from a development project that was funded by […]
A plaintiff may sometimes make a motion for Summary Judgment or Dismissal before there is any chance to begin discovery and really explore the facts of a case. One of the most glaring examples is when there is key knowledge or information that is in exclusive control of the plaintiff for which a defendant has […]
n collection cases involving secured debt, a court may preclude judgment if the plaintiff did not properly notify or dispose of the collateral in a commercially reasonable manner. In one of my recent cases where I opposed a lender’s motion for summary judgment, I cited this requirement in our opposing brief:
A Plaintiff may be estopped from seeking to recover an alleged debt because of its own actions. Here is a quick excerpt from a case where equitable estoppel was raised.
Here is a case that sums up the risk a lender faces when its notice of default is defective. The guarantor might be “off the hook.”
It is common sense that you don’t expect the person you are entering into an agreement with you purposefully try to dupe you. The doctrine of the Implied Covenant of Good Faith and Fair Dealing states that just that. Here is the standard in New York.
I recently handled a case where a lender moved for for summary judgment on a guaranty. We opposed the motion there was a material dispute of fact as to whether the guarantors were third-party beneficiaries of a secondary guaranty from the SBA, and thus the liability of my clients and the amount due were not clear. Here […]
In a recent case, I opposed a motion for Summary Judgment in a collection action with the defense of unjust enrichment. The creditor attempted to recover the same debt twice from different guarantors. Here is on of the defenses, I argued:
Sometimes when you have a duty to perform either by agreement or contract, it simply cannot be done because the other party hasn’t done their part or has prevented you from doing yours. Clearly this can be frustrating, and fortunately New York law protects us from this. Take a quick look at this excerpt from […]
Thousands of homeowners will get a pleasant surprise in the mail this summer: checks to (wait for it) compensate them for foreclosure problems they never suffered.