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Flushing Savings Bank, FSB, Appellant,v.Pierre Bitar,, Respondent, et al., Defendants.

Brief

46 Cited authorities

  1. Aurora Loan Servs v. Weisblum

    85 A.D.3d 95 (N.Y. App. Div. 2011)   Cited 781 times
    Holding the Supreme Court should have denied the servicer's motion for summary judgment in part because the affidavit failed to established proper service

  2. U.S. Bank v. Collymore

    68 A.D.3d 752 (N.Y. App. Div. 2009)   Cited 807 times
    Noting that the "physical delivery of the note prior to commencement of the foreclosure action is sufficient to transfer the obligation, and the mortgage passes with the debt as an inseparable incident"

  3. Lucent Technologies v. Gateway

    580 F.3d 1301 (Fed. Cir. 2009)   Cited 740 times   20 Legal Analyses
    Holding that "we see little evidentiary basis under Georgia-Pacific" for the damages award

  4. Bank of N.Y. v. Silverberg

    86 A.D.3d 274 (N.Y. App. Div. 2011)   Cited 598 times
    Holding that MERS did not have standing to bring a foreclosure action since it only held the mortgage and was never the lawful holder of the note

  5. Diaz v. New York Downtown Hospital

    99 N.Y.2d 542 (N.Y. 2002)   Cited 596 times
    Granting summary judgment to plaintiff, noting that plaintiff's expert failed "to provide any factual basis for her conclusion that the guidelines establish or are reflective of a generally-accepted standard or practice"

  6. Amatulli v. Delhi Constr Corp.

    77 N.Y.2d 525 (N.Y. 1991)   Cited 727 times
    Holding that a pool manufacturer was not held liable for injuries sustained when a plaintiff dove headfirst into a shallow above-ground pool where the manufacturer provided explicit instructions requiring above-ground installation but the user installed the pool in the ground thereby obscuring the shallow nature of the pool's depth

  7. Wells Fargo Bank v. Marchione

    69 A.D.3d 204 (N.Y. App. Div. 2009)   Cited 187 times
    Affirming the dismissal of foreclosure action where the assignee of the mortgage "lacked standing to bring foreclosure action because it was not the assignee of the mortgage on . . . the day the action was commenced"

  8. U.S. Bank Nat'l Ass'n v. Dellarmo

    94 A.D.3d 746 (N.Y. App. Div. 2012)   Cited 105 times

    2012-04-3 U.S. BANK NATIONAL ASSOCIATION, etc., respondent, v. Joseph DELLARMO, also known as Joseph Dell'Armo, appellant, et al., defendants. Schloss & Schloss, Airmont, N.Y. (Jonathan B. Schloss of counsel), for appellant. Locke Lord, LLP, New York, N.Y. (R. James DeRose III of counsel), for respondent. PETER B. SKELOS Schloss & Schloss, Airmont, N.Y. (Jonathan B. Schloss of counsel), for appellant. Locke Lord, LLP, New York, N.Y. (R. James DeRose III of counsel), for respondent. PETER B. SKELOS

  9. Deutsche Bank Nat'l Trust Co. v. Barnett

    88 A.D.3d 636 (N.Y. App. Div. 2011)   Cited 104 times
    Finding that an affidavit lacking any factual details concerning when the Plaintiff received physical possession of the Note failed to establish that Plaintiff had physical possession of the Note prior to commencement of the suit

  10. CitiMortgage, Inc. v. Stosel

    89 A.D.3d 887 (N.Y. App. Div. 2011)   Cited 77 times

    2011-11-15 CITIMORTGAGE, INC., respondent, v. Usher STOSEL, appellant, et al., defendants. Sanford Solny, Brooklyn, N.Y., for appellant. Katz & Rychik, P.C., New York, N.Y. (Bennett R. Katz of counsel), for respondent. MARK C. DILLON Sanford Solny, Brooklyn, N.Y., for appellant. Katz & Rychik, P.C., New York, N.Y. (Bennett R. Katz of counsel), for respondent. MARK C. DILLON, J.P., RUTH C. BALKIN, RANDALL T. ENG, and JEFFREY A. COHEN, JJ. In an action to foreclose a mortgage, the defendant Usher Stosel

  11. Section 51.003 - Deficiency Judgment

    Tex. Prop. Code § 51.003   Cited 151 times   9 Legal Analyses
    Establishing a short statute of limitations for certain post-foreclosure deficiency judgments in Texas, where several of the properties were located

  12. Section 2A:50-3 - Answer disputing amount of deficiency; determination of amount

    N.J. Stat. § 2A:50-3   Cited 36 times

    The obligor in any bond or note specified in section 2A:50-2 of this Title, with respect to any bond given after March 29, 1933, and with respect to any note given after the effective date of this amendatory act may file an answer in the action for deficiency, disputing the amount of the deficiency sued for. In that event both parties may introduce evidence as to the fair market value of the mortgaged premises at the time of the sale thereof in the foreclosure action, and the court, with or without

  13. Section 1639e - Appraisal independence requirements

    15 U.S.C. § 1639e   Cited 21 times   2 Legal Analyses

    (a) In general It shall be unlawful, in extending credit or in providing any services for a consumer credit transaction secured by the principal dwelling of the consumer, to engage in any act or practice that violates appraisal independence as described in or pursuant to regulations prescribed under this section. (b) Appraisal independence For purposes of subsection (a), acts or practices that violate appraisal independence shall include- (1) any appraisal of a property offered as security for repayment

  14. Section 202.12 - Preliminary conference

    N.Y. Comp. Codes R. & Regs. tit. 22 § 202.12   Cited 117 times   4 Legal Analyses
    Setting time limit for preliminary conference not provided for in CPLR

  15. Section 1106.1 - Appraisal standards

    N.Y. Comp. Codes R. & Regs. tit. 19 § 1106.1   Cited 11 times

    (a) Every appraisal assignment shall be conducted and communicated in accordance with the provisions and standards set forth in the 2024 edition of the UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE (USPAP). (b) The 2024 edition of the UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE (USPAP) is published by the Appraisal Foundation, which is authorized by the United States Congress as the source of appraisal standards. Copies may be obtained from: The Appraisal Foundation 1155 15th Street

  16. Section 226.42 - Valuation independence

    12 C.F.R. § 226.42   Cited 3 times

    (a)Scope. This section applies to any consumer credit transaction secured by the consumer's principal dwelling. (b)Definitions. For purposes of this section: (1) "Covered person" means a creditor with respect to a covered transaction or a person that provides "settlement services," as defined in 12 U.S.C. 2602(3) and implementing regulations, in connection with a covered transaction. (2) "Covered transaction" means an extension of consumer credit that is or will be secured by the consumer's principal