Defective Notice of Default

Here is a case that sums up the risk a lender faces when its…

Acting in Bad Faith, Breaching the Implied Covenant of Good Faith

It is common sense that you don't expect the person you are entering…

When is a Guarantor a Third Party Beneficiary of Another Guaranty?

I recently handled a case where a lender moved for for summary…

Unjust Enrichment Defense in Debt Collection

In a recent case, I opposed a motion for Summary Judgment in…

You’re Frustrating Me…

Sometimes when you have a duty to perform either by agreement…

Why thousands of homeowners are getting money for mortgage abuses they never suffered

Thousands of homeowners will get a pleasant surprise in the mail…

What Does It Mean to be Deceptive or Misleading in a Guaranty?

Have you ever wondered if you were tricked or duped into signing…

Double Recovery and the Single Satisfaction Rule

New York's General Obligations Law has been held to bar creditors…

CPLR 3408 – Good Faith In Mandatory Foreclosure Settlement Conferences

Enacted in 2008, CPLR § 3408 originally applied only to foreclosure…

Settlement Negotiations As The Basis For A Reasonable Excuse To Vacate A Default And File A Late Answer

A foreclosure can be upset if the borrower convinces a court…