Showing 2 posts from November 2024.
Tips on Using a Settlement Conference RJI to Show CPLR 3215(c) Compliance in New York Foreclosure Actions
In New York civil actions, where a defendant fails to answer the complaint, the next step is usually a motion for a default judgment pursuant to CPLR 3215. However, in residential mortgage foreclosure actions, the plaintiff is generally required to file a Request for Judicial Intervention ("RJI") to seek the scheduling of a settlement conference pursuant to CPLR 3408. More ›
Tips for Loan Servicers on Defending Consumer Claims in Federal Court and Making Successful Article III Standing Challenges
Loan servicers and their counsel are often sued by consumers during contested mortgage foreclosure proceedings. The United States Supreme Court’s opinions in Spokeo, Inc. v. Robins[1] and TransUnion v. Ramirez[2] continue to be an important precedent in defending consumer claims. More ›
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