View Cart | 0 Items in Cart | Checkout
    Stop Foreclosure Forms Forms Mission FAQ Links Information and News Contact  
     
 
 
 FORECLOSURE DEFENSE NEWS AND INFORMATION - New York
 

Foreclosure defense forms must be drafted to comply with the laws of your State. Standardized forms for all States are generally not acceptable. We provide attorneys and you with the state-specific forms that are correct and valid. Free Previews available. All forms are available in Word format.







NEW YORK COURT APPELLATE COURT AFFIRMS TRIAL COURT ORDER DISMISSING FORECLOSURE ACTION FILED BY COUNTRYWIDE

On December 1, 2009, the Appellate Division of New York's Supreme Court, Second Department, affirmed a trial court's dismissal of a foreclosure action that had been commenced by Countrywide Home Loans, Inc. ("Countrywide"). In the subject case, Countrywide was not assigned the mortgage and underlying note until after five months after the foreclosure action was commenced. The Court ruled that Countrywide did not have a legal or equitable interest in the mortgage at the time the action was commenced, a defect that could not be cured retroactively through the subsequent execution of an assignment.

The Court's decision was entered in the matter entitled Countrywide Home Loans, Inc. v. Gress, 2009 NY Slip Op 08989 (App. Div. 2009).

With this decision, New York joins the ranks of several other states which have strictly applied rules relating to standing to prevent the entry of foreclosure judgments without admissible evidence of the lender's standing. In answering a foreclosure complaint, borrowers are well advised to raise, as an affirmative defense, the plaintiff's lack of standing to foreclose.


Return to NY Info Page


Mortgage Foreclosure Information and News for all Fifty States.

Select Your State

AlabamaAlaska
ArizonaArkansas
CaliforniaColorado
ConnecticutDelaware
FloridaGeorgia
HawaiiIdaho
IllinoisIndiana
IowaKansas
KentuckyLouisiana
MaineMaryland
MassachusettsMichigan
MinnesotaMississippi
MissouriMontana
NebraskaNevada
New HampshireNew Jersey
New MexicoNew York
North CarolinaNorth Dakota
OhioOklahoma
OregonPennsylvania
Rhode IslandSouth Carolina
South DakotaTennessee
TexasUtah
VermontVirgin Islands
VirginiaWashington
Washington DCWest Virginia
WisconsinWyoming



   

  Disclaimer
This compendium of mortgage foreclosure forms, information and news is provided to homeowners, legal organizations, and the general public as a free public service by Empire State Legal Forms, Inc. The information and forms provided on this site are not legal advice, but general information on legal issues commonly encountered. We are not a law firm, and our forms are not a substitute for an attorney or law firm. We provide legal forms at your specific direction. because the law changes rapidly, we cannot guarantee that all of the information on this site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool can fit every circumstance. Furthermore, the legal information contained on this site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

  © 2017 Empire State Legal Forms, Inc. - All Rights Reserved.