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Attorneys for Plaintiff: Davidson Fink L.L.P., Rochester, NY. Defendant Pro Se: John Lucido, Rocky Point, NY. Plaintiff commenced this action claiming foreclosure of a mortgage. and the Court that.

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 · My question is why more judges, up to this point, have been unwilling to make similar rulings.. Respectfully, those rulings are wrong. I know judges want to push foreclosure cases. But when the Plaintiff alleges itself to the the holder of the Note in the body of the Complaint, but the exhibits to the Complaint show it is not, plaintiff.

 · Recent Changes in Massachusetts Foreclosure Law Causes Disruption in Conveyance Practices. A recent case decided in March 2009 by the Massachusetts Land Court invalidated two Massachusetts foreclosure sales based on whether the foreclosing entities had “the right. to foreclose the subject mortgage in light of the fact that the assignment.

Similarly, we are unwilling at this stage to declare. we must also consider the consequence of plaintiff’s failure to seek recovery of the payment after the threat of foreclosure had passed. “[O]ne.

The robo-signing revelation prompted a suspension of foreclosures by GMAC and other big lenders, congressional hearings and an investigation by state attorneys general. Bradbury is a plaintiff in..

 · However, other courts have been unwilling to acknowledge this principle finding that these letters are incapable of revoking acceleration or halting the statute of limitations period. As is evident, this subset of foreclosure law is still evolving and there is ample room for creative litigation.

Thus, even if plaintiff’s motives were suspect, a conclusion we are unwilling to draw, defendant could not have been harmed by a refinancing which essentially substituted one creditor for another. The second indication of the alleged conspiracy arises out of defendant’s first chapter 11 bankruptcy proceeding.

Plaintiff did not breach its fiduciary duty to defendant Sandler in seeking to collect monies due to the condominium or in allegedly being unwilling to settle its. as to liability on the merits of.

[*1] household fin. realty corp. of N.Y. v Claudio-Santiago 2016 NY Slip Op 50722(U) Decided on May 6, 2016 Supreme Court, Putnam County Marx, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.