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Covering the basics of a mortgage foreclosure proceeding, this practice guide also addresses service on tenants, the attorney affirmation of compliance in residential foreclosure actions, consumer protection legislation and its application to a mortgage foreclosure proceeding.
Mortgage foreclosures require careful adherence to procedures set forth in Article 13 of the N.Y. Real Property Actions and Proceedings Law and the Civil Practice Law and Rules. These statutes have their roots in the common law, and for the most part have been in existence for decades. Because the statutes have not changed very much, they do not address modern problems of enforcing real estate security interests. The result is that judicial decisions provide necessary adaptation of ancient theories to modern experiences with sometimes surprising results.
Mortgage Foreclosures guides the practitioner through the basics of a mortgage foreclosure proceeding. With its helpful practice guides and many useful forms, this is an invaluable resource.
Discussion of new cases and their effect on the practice of mortgage foreclosures has been added to this edition.
The 2020-2021 release is current through the 2020 legislative session.