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Bergman on New York Mortgage Foreclosures
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

2-21 Bergman on New York Mortgage Foreclosures 21.syn


Summary Judgment in the Foreclosure Case


Bruce J. Bergman

Chapter Summary


This chapter from Bergman on New York Mortgage Foreclosures covers summary judgments in foreclosure cases.

The chapter first provides a general discussion of moving for a summary judgment in a foreclosure case, covering establishing a prima facie case and the doctrine of judicial estoppel. It then examines the timing of the motion for summary judgment. The chapter goes on to discuss submissions in support of the motion, the role of discovery, and proving the allegations of the complaint. The discussion then turns to the defendant's opposition to the motion, counterclaims and cross claims, a defendant's motion for summary judgment, and the order upon a motion for summary judgment. The chapter provides numerous related forms and practice tips.

Bergman on New York Mortgage Foreclosures (Matthew Bender) provides definitive analysis of the law and practical guidance relating to residential and commercial property foreclosures in New York. It is complete with a multitude of annotated forms and tips for successful practice, covering mortgage drafting; mortgage collection procedures; acceleration of the debt upon default and defenses to acceleration; foreclosure process and procedures; alternative processes, including deed in lieu of foreclosure, settlement, and partial foreclosure; foreclosure litigation; the judgment of foreclosure and sale; bidding terms; the foreclosure closing; eviction; deficiency judgments; surplus money proceedings; and condominium and co-op foreclosures.


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For a general discussion of foreclosure, see Ch. 2, Overview and Guide to the Basics of Mortgage Foreclosure Concepts and Strategies.

For a discussion of the foreclosure complaint, see Ch. 16, The Foreclosure Complaint.

For a discussion of parties to the foreclosure action, see Ch. 12, Parties to the Foreclosure Search.


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See Steinman's Bergerman & Roth New York Real Property Forms Annotated (Matthew Bender) for over 4,000 pages of annotated forms, with statutory and case citations giving substantive and procedural background, covering contracts for the sale of realty, mortgages, landlord-tenant, commercial leases, foreclosures, mechanics' liens, tax titles, tax assessments, zoning, environmental regulation, rent strike proceedings, actions on statutory covenants, cooperatives, condominiums, and more.

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