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Bergman on New York Mortgage Foreclosures
 
Copyright 2015, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


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


Title

Summary Judgment in the Foreclosure Case

Author

Bruce J. Bergman

Chapter Summary


ABSTRACT TEXT:

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.

CORE TERMS:

New York mortgage foreclosure,mortgage foreclosure,foreclosure summary judgment,moving for foreclosure summary judgment,prima facie case in foreclosure,doctrine of judicial estoppel,judicial estoppel,motion for summary judgment timing,proving foreclosure complaint allegations,opposition to motion for foreclosure summary judgment

RELATED CHAPTERS: (View)

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.

OTHER RELATED PUBLICATIONS:

See Real Estate for the General Practitioner (Matthew Bender) for expert advice and insightful commentary on buying, selling, mortgaging, leasing, title problems, and critical related subjects.

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.

See Stein on New York Commercial Mortgage Transactions (Matthew Bender) for expert guidance on commercial mortgage law in New York State, with discussion of the mortgage recording tax, title insurance, construction loans and the New York Lien Law, rental income and leases, defaults and acceleration, foreclosure and other remedies, usury, the closing process, and language that needs to appear in every New York mortgage.

See Warren's Weed New York Real Property (Matthew Bender) for expert analysis on New York real property law, with A-to-Z coverage of such topics as attorney-in-fact and agency powers, Brownfields Law in New York, common ownership of real estate, condominiums, cooperatives, easements, leasing and rent regulation, life estates and tenancy proceedings, maps and boundaries, mechanics' liens, mortgages, and zoning.

See New York Practice Guide: Real Estate (Matthew Bender) for guidance for handling real estate transactions, including in-depth analysis of the law, forms, and checklists. It covers the purchase and sale of all types of real estate, zoning and environmental controls, real estate tax assessment, landlord-tenant law, condominiums, cooperatives, and homeowner associations.
 
 
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