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Ivan E. Young
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Ivan Young’s Answers

154 total


  • What is statute of limitations to file foreclosure in NY.

    The last unmade payment on my mortgage was November 20 2009. Is it too late to forclose?

    Ivan’s Answer

    Your questions is much more complicated than you may imagine. Below is an excerpt from one of my briefs to help you better understand how New York's six (6) year statute of limitations to commence an action on a mortgage note and/or mortgage securing real property operates:

    Relevantly, an action to foreclose a mortgage may be brought to recover unpaid sums which were due within the six-year period immediately preceding the commencement of the action. See, CPLR § 213 (4); Wells Fargo Bank, N.A. v Burke, 94 AD3d 980, 982 [2d Dept 2012].
    “[W]ith respect to a mortgage payable in installments, there are ‘separate causes of action for each installment accrued, and the Statute of Limitations [begins] to run, on the date each installment [becomes] due’.” Wells Fargo Bank, N.A. v Cohen, 80 AD3d 753, 754 [2d Dept 2011]; quoting Loiacono v Goldberg, 240 AD2d 476, 477 [2d Dept 1997].
    “However, ‘even if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt’.” Burke, 94 AD3d at 982; quoting EMC Mort. Corp. v Patella, 279 AD2d 604, 605 [2d Dept 2001] (bold emphasis added); accord Fed. Nat'l Mtge. Ass'n v Mebane, 208 AD2d 892, 894 [2d Dept 1994] (“Once the mortgage debt [is] accelerated, the borrowers’ right and obligation to make monthly installments ceased and all sums became immediately due and payable . . . . [and] the six-year Statute of Limitations [begins] to run at that time.”) (internal citations omitted).

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  • Is there a statute of limitations for New York on a foreclosure when a mortgage is included in bankruptcy discharge?

    I have received a Satisfaction of Mortgage for my 2nd lien holder in the mail. I spoke to the special assets team member of the bank and was informed that the lien was satisfied due to the statute of limitations provision in my bankruptcy which o...

    Ivan’s Answer

    The answer to your question happens to be extremely complex and dependent upon a slew of different factors which cannot be determined without more information.

    In order to correctly answer your question, you really need to meet with an attorney to review and discuss this matter in great detail.

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  • Home Equity Line of credit from my husband but the house is mine !

    my husband and I have problems. and I recently knew that he is filing for Home Equity Line of credit and the application is processing, the house is mine. the deed contains my name only. I dont know how to secure myself. I gave him a spe...

    Ivan’s Answer

    If you do not want your husband mortgaging the home and you're fearful that he will use the power of attorney unlawfully, simply write the bank that the power of attorney has been rescinded and/or revoked as of a specific date and that you have not authorized any financing to be obtained on your behalf, nor against your home as collateral.

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  • If its OK to send the monthly mortgage payments to the local courthouse while I discuss a Loan Modification with the bank?....

    if its OK to send the monthly mortgage payments to the local courthouse while I discuss a Loan Modification with the bank?....because I "foresee" that I will have "problems" the court is in Suffolk NY Also: how to do that payment? I guess will ...

    Ivan’s Answer

    Unless the Court ordered you to do so, it would NOT be OK to send payments to the Court. If you want to put payments aside, you may want to put the monthly payments in an attorney trust account or some other segregated account.

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  • Whether New York State has Amended N.Y. RPA. LAW § 711: NY CODE - SECTION 711:

    Note: New York State has Amended N.Y. RPA. LAW § 711: NY CODE - SECTION 711: GROUNDS WHERE LANDLORD-TENANT RELATIONSHIP EXISTS with BILL Bill S5940-2013 or S5940; TITLE OF BILL: An act to amend the real property actions and proceedings law, in re...

    Ivan’s Answer

    The short answer to your question; NO.

    NYS did not pass into law the senate bill you reference in your question.

    As such, RPAPL § 711 exists and reads in the same manner as prescribed from its most recent 1985 amendment (L.1985, c. 699, § 1).

    To view the law in its current form, you can refer to http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

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  • How do I answer " I believe the Court should deny the motion because" ?

    We are a year late on mortgage payment, the house is entering into foreclosure as a result. I have a notice of motion form due April, 29 2015. This is the first time I have encountered foreclosure, I don't know if there is anything I can do to ke...

    Ivan’s Answer

    It would definitely benefit you to contact at least one (1) attorney, which provides foreclosure defense and loan modification representation, to review the papers you have (usually for free) and discuss what options, if any, you may have at this point.

    The attorneys listed on this website would be a great place to start looking. Feel free to post follow-up questions and/or comments.

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  • What is the statue of limitation for a foreclosure case filed in New York State?

    The bank filed this foreclosure case four years ago. I and my legal team have stalemated them from then to now. During our research into the securitized trust, we have found numerous fraudulent and criminal acts with the intent to defraud me of...

    Ivan’s Answer

    New York's statute of limitations for mortgage foreclosure actions is a very complicated "beast" so to speak. Below I have take an excerpt from one of my statute of limitations case briefs to help you and your attorneys better understand the operation and mechanics of such:

    It is well settled that an action to foreclose a mortgage may be brought to recover unpaid sums which were due within the six-year period immediately preceding the commencement of the action. See, CPLR § 213 (4); Wells Fargo Bank, N.A. v Burke, 94 AD3d 980, 982 [2d Dept 2012]. “[W]ith respect to a mortgage payable in installments, there are ‘separate causes of action for each installment accrued, and the Statute of Limitations [begins] to run, on the date each installment [becomes] due’.” Wells Fargo Bank, N.A. v Cohen, 80 AD3d 753, 754 [2d Dept 2011]; quoting Loiacono v Goldberg, 240 AD2d 476, 477 [2d Dept 1997]. “However, ‘even if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt’.” Burke, 94 AD3d at 982; quoting EMC Mort. Corp. v Patella, 279 AD2d 604, 605 [2d Dept 2001]. The filing of a foreclosure summons and complaint and lis pendens accelerates the mortgage debt in full. Clayton Nat'l, Inc. v Guldi, 307 AD2d 982, 982 [2d Dept 2003]; citing Albertina Realty Co. v Rosbro Realty Corp., 258 NY 472, 476 [1932]; accord EMC Mtge. Corp. v Smith, 18 AD3d 602, 603 [2d Dept 2005]. “Once the mortgage debt [is] accelerated, the borrowers’ right and obligation to make monthly installments ceased and all sums became immediately due and payable . . . . [and] the six-year Statute of Limitations [begins] to run at that time.” Fed. Nat'l Mtge. Ass'n v Mebane, 208 AD2d 892, 894 [2d Dept 1994] (internal citations omitted).

    Feel free to post any specific follow up questions, best of luck!

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  • I need an attorney for foreclosure defense in New York State

    I received a foreclosure notice ten days ago. For several months, the mortgagor was giving me the go around as I waited for modification of the mortgage. They advised me a month earlier that I have not been approved, a couple weeks later I recei...

    Ivan’s Answer

    I'm sorry to hear about your struggles with your lender. As you can see from this website, Avvo lists many attorneys in New York who provide foreclosure defense representation, including myself.

    As you have a very limited time to respond to the foreclosure summons & complaint, it will behoove you to reach out to counsel immediately.

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  • I NEED HELP WITH GETTING MY TITLE FROM THE MORTGAGE COMPANY (OCWEN). I reviewed several blog notes from LivingLies Blog . I beli

    I believe my mortgage was one of thousands eligible ,that were securitized and the note was switched around to many different investors.

    Ivan’s Answer

    Ocwen is one of the very few mortgage servicers that actually have all underlying collateral documents (i.e., Mortgage, Note, Assignments, Modifications) actually scanned and available for clients to download.

    If you have not done so already, just go to https://www.ocwencustomers.com and register.

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  • I am behind on payments. When I called my bank recently to arrange payment, they forwarded my account to the attorney.

    The attorney says the mortgage won't be reinstated unless I pay owed amount, penalties, lawyer fees, etc... with a week's time frame in the entire amount. I already have trouble paying the regular monthly payments, is it too late to work out a pay...

    Ivan’s Answer

    Before taking any actions, you should definitely contact an attorney to discuss what options you may have. It is almost never too late to work out some kind of settlement. Feel free to follow up with any other and/or further questions.

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