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NY Court of Appeals on the Foreclosure Statute of Limitations | Bryan Cave Leighton Paisner


Summary
The New York Court of Appeals’ decision last week,
Freedom Mortgage Corp v. Engel, contains two “reliable and objective rules permitting consistent application of the statute of limitations.”
What are those rules? 
One, there must be an “unequivocal overt act” to accelerate indebtedness for a mortgage loan.  A letter to the borrower stating that the “noteholder” will accelerate [his] mortgage with the full amount remaining accelerated and becoming due and payable in full, and foreclosure proceedings initiated at that time’” was not such an unequivocal overt act. 
Engel, at 3.  In other words, a letter expressing a future intention was insufficient. ....

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Detailed text transcripts for TV channel - MSNBC - 20170122:15:45:00

Who left 29 cents off of a mortgage form. i don t know where to begin here. is there one cabinet member who stands out to you as particularly bad or this is just across the board? no, there are real i actually tweeted the other day, here are the good members, here are the questionable members, here are the maybe they ll be okay and here are the nightmares. a and mnuchin, i can say he did a bad job as executive producer of suicide squad and that s what we re talking about. that s the real guy. how he ll do as secretary of the treasury, if he can t fill out the forms that every other secretary of the treasury has filled out, you know, then he s not qualified for the job. well, now that you ve told me that he had anything to do with suicide squad which had one of ....

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Detailed text transcripts for TV channel - MSNBC - 20120202:08:11:00

Win, it was supposed to be try up fant day for romney, so obama got to steal some of his thunder. he couldn t have anticipated that on his day that romney would step in it. here is president obama talking about the difficulty of dealing with mortgages. i remember when michelle and i bought our first condo. and we were both lawyers. and we re looking through the forms, kind of holding it out. reading it again. what does this phrase mean? and that s for two trained lawyers. the forms, the confusion, potential for abuse is too great. just because the forms were too complicated. so this is what a mortgage form ....

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Detailed text transcripts for TV channel - MSNBC - 20120202:01:12:00

Great. just because the forms were too complicated. so this is what a mortgage form should look like. this is it. bob, this is a real hit, i think, with americans, no more red tape, no more run around from the banks, that was in the script today. a very relatable moment by the president showing that he understands the problem. is this what mitt romney can t do? yes, i think he can t do it. look, the sub text of what the president was doing there is to say that he understands what ordinary people go through. romney is coming across as a kind of callous cold fish who has lived this very privileged life, doesn t understand what is happening to ordinary americans. now there is nothing wrong with him being wealthy, john kennedy told his speech writer, dick goodwin after he was down in west virginia in the coal mines and hills and valleys, that he ....

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Detailed text transcripts for TV channel - MSNBC - 20120202:04:12:00

Lawyers. the forms, the confusion, potential for abuse is too great. just because the forms were too complicated. so this is what a mortgage form should look like. this is it. bob, this is a real hit, i think, with americans, no more red tape, no more run around from the banks, that was in the script today. a very relatable moment by the president showing that he understands the problem. is this what mitt romney can t do? yes, i think he can t do it. look, the sub text of what the president was doing there is to say that he understands what ordinary people go through. romney is coming across as a kind of callous cold fish who has lived this very privileged life, doesn t understand what is happening to ordinary americans. now there is nothing wrong with ....

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