Photo of Consumer Crossroads: Where Financial Services and Litigation Intersect Leah R. Lenz
Senior Counsel
llenz@hinshawlaw.com
212-655-3838
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Leah Lenz has over a decade of experience representing clients in consumer finance matters, including several mortgage lenders, servicers, banks …

Showing 2 posts by Leah R. Lenz.

Recent Cases Offer Instruction for Lenders on Avoiding FAPA Estoppel in Foreclosure or Quiet Title Actions in New York

Under the Foreclosure Abuse Prevention Act (“FAPA”), effective as of December 30, 2022, a lender in a New York foreclosure or quiet title action can be estopped from asserting that the subject mortgage loan was not validly accelerated by commencement of a prior foreclosure action. Estoppel applies unless the prior foreclosure action “was dismissed based on an expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated.” (See CPLR 213(4).) More ›

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 ›