Foreclosure Proceeding

Recently I submitted a Motion to Dismiss a foreclosure proceeding in Supreme Court of New York. It was based upon the improper assignment of a note and mortgage from the original lender to a third party. Since the corrected assignment of mortgage was not recorded until after the case was commenced, the plaintiff did not have the required standing to start the action.

While the area of foreclosure defense is expanding, the lenders are tightening up their practices to avoid these loopholes.The role of the foreclosure defense attorney is to look for a smidgen of a defense to give a client more time to either sell the house or regroup his or her financial situation.


About Paul Marks

I am an attorney practicing in Montgomery NY. I plan to use this site to comment on various current events and local interest happenings in the Orange County area.
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