Bruce Bergman – Complete Listing of Publications & Articles

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by Year

Book

AUTHOR: Bergman on New York Mortgage Foreclosures, Lexis Nexis, Matthew Bender & Co., Inc., February 1990 (Rev. 2023)[4 volumes]

book

CO-AUTHOR: “Mortgages”, Monograph, New York State Bar Association, 1991, updated annually.

book

AUTHOR: Chapter, “Mortgages,” New York Lawyer’s Deskbook, New York State Bar Association, 1990.

book

EDITOR-IN-CHIEF AND CONTRIBUTOR: Mortgage Foreclosures In New York, New York State Bar Association, 1996

book

CONSULTING ATTORNEY: The Law of Distressed Real Estate, Clark Boardman Company, Ltd., New York, N.Y.; Author: Chapter, “New York Practice (Mortgage Foreclosure).”

book

CONTRIBUTING EDITOR: Examination Before Trial and other Disclosure Devices, Callaghan & Company, Wilmette, Ill.

book

CO-AUTHOR: Book, New York Mortgage Foreclosures, copyright 1983 by Professional Education Systems, Inc., Eau Claire, Wisconsin.

book

2024

“Must the Foreclosure Sale Be Held Within 90 Days?”, New York Law Journal, September 4, 2024, at 5, col. 2.

article

“Lenders Blasted for 90-Day Notice (With One Saving Grace), New York Law Journal, July 3, 2024, at 5, col. 2.

article

“Nominal Sale Bid – The Court Stumbles(Partly), New York Law Journal, May 1, 2024, at 5, col. 2.

article

“Acceleration(and SOL): Stronger Than Death”, New York Law Journal, January 3, 2024, at 5, col. 2.

article

2023

“Foreclosure Judgment Is Final – Again”, 51 N.Y. Real Property Law Journal 18, No. 3 (2023).

article

“Yet Another Lender Failure With 30-Day Notice”, New York Law Journal, October 11, 2023, at 4, col. 2.

article

“Foreclosure Abuse Prevention Act: Time and Settlement”, New York Law Journal, August 30, 2023, at 5, col. 2.

article

“Back Yet Again as Borrower Defense: The 30-Day Notice”, 51 N.Y. Real Property Law Journal 18, No. 2 (2023).

article

“Lenders Fail Again With the 90-Day Notice”, New York Law Journal, August 9, 2023, at 5, col. 2.

article

“First Case To Rule On the Foreclosure Abuse Prevention Act”, New York Law Journal, August 7, 2023, at 4, col. 2.

article

“Bidding a Nominal Sum at a Foreclosure Sale?”, New York Law Journal, June 13, 2023, at 4, col. 2.

article

“Statute of Limitations for Strict Foreclosure”, New York Law Journal, May 25, 2023, at 4, col. 2.

article

“The Anomaly of Foreclosure Legal Fee Award in New York County”, 51 N.Y. Real Property Law Journal 19, No. 1 (2023)

article

“When the Mortgage Holder Might Have To Pay the Receiver”, New York Law Journal, April 27, 2023, at 4, col. 2.

article

“Add’l Info in Pre-Foreclosure Notice OK – Kessler Doctrine Reversed”, New York Law Journal, February 28, 2023, at 4, col. 2.

article

“The Importance of the Voluntary Payment Doctrine in Foreclosures”, New York Law Journal, January 4, 2023, at 5, col. 2.

article

2022

Mortgage Note Need Not Be Inspected For Plaintiff To Prove Standing, 50 N.Y. Real Property Law Journal 22, No. 2 (2022)

article

“Those Sometimes Elusive Legal Fees in Foreclosure”, New York Law Journal, July 13, 2022, at 5, col. 2.

article

Bergman on Mortgage Foreclosures: “Foreclosure Judgment Bars Borrowers From Later Suing for Fraud” 50 N.Y. Real Property Law Journal No. 1. (Spring 2022); “Statute of Limitations: Some Clarity on the ‘Savings Provision’”, 50 N.Y. Real Property Law Journal No. 1. (Spring 2022)

article

“The Odd Remedy of Strict Foreclosure – To the Rescue”, New York Law Journal, May 11, 2022, at 5, col. 2.

article

“Judgment Rate Lowered to 2% – Not Applicable to Foreclosures”, New York Law Journal, April 13, 2022, at 5, col. 2

article

2021

“No Pre-Foreclosure Notice To Borrower’s Estate”, New York Law Journal, December 16, 2021, at 3, col. 1.

article

“Condo Legal Fees: Payable Even If Lien Is Small”, 49 N.Y. Real Property Law Journal 22, No. 2 (2021).

article

“Danger: Lost Note Affidavit Fails”, 49 N.Y. Real Property Law Journal 21, No. 2 (2021).

article

“J’Accuse: Proposed Legislation Devastating to Mortgage Holders”, New York Law Journal, October 20, 2021, at 5, col. 2.

article

“New Statute a Potential Disaster for Mortgage Origination and Foreclosure”, The USFN Report 18 (Fall, 2021).

article

“Can Laches Ever Defeat a Mortgage?”, New York Law Journal, August 25, 2021, at 5, col. 2.

article

“Passed Bill Threatens Home Loan Foreclosures”, New York Law Journal, July 14, 2021, at 3, col. 1.

article

“Duration and Renewal of Money Judgments: What Lenders and Judgment Creditors Need To Know”, 49 N.Y. Real Property Law Journal 23, No. 1 (2021)

article

“More Foreclosures Dismissed as Abandoned: A Salutory Lesson”, New York Law Journal, January 13, 2021, at 5, col. 2.

article

2020

“Issue of Sua Sponte Dismissals In Foreclosure Actions”, New York Law Journal, December 30, 2020, at 5, col. 2.

article

“Three Areas Still Confusing the Statute of Limitations: Acceleration Letters, Complaint and Discontinuances”, New York Law Journal, December 9, 2020, at 5, col. 2.

article

Bergman on Mortgage Foreclosures: “Does Discovery Interfere With Lender’s Summary Judgment?” 48 N.Y. Real Property Law Journal No. 3. (Fall 2020); “The Strategy of Discontinuance and a Good Ruling”, 48 N.Y. Real Property Law Journal No. 3. (Fall 2020).

article

“Eviction After Foreclosure: Evasive Holdovers” (Eviction After Foreclosure: Holdovers Still Saying “You Can’t Catch Me”), New York Law Journal, September 9, 2020, at 5, col. 2.

article

“One Year Foreclosure Moratorium Law Proposed”, New York Law Journal, July 29, 2020, at 5, col. 2.

article

“Bergman on Mortgage Foreclosures: Mortgage Modifications Grants Standing”, 47 N.Y. Real Property Law Journal No. 2. (Spring/Summer 2020).

article

2019

“Bergman on Mortgage Foreclosures: Renewal Motions and Tenant Notices”, 23 N.Y. Real Property Law Journal 47 (Summer/Fall 2019) No. 2; “Another Issue with the Tenant Notice Requirement in Foreclosures”, 23 N.Y. Real Property Law Journal 47 (Summer/Fall 2019) No. 2.

article

“Liberal View Allowing Action Anew Barred By Statue Of Limitations.” New York Law Journal, October 15, 2019, at 5, col. 2.

article

“Discontinuing the Foreclosure Action – Easy Right?”, New York Law Journal, July 31, 2019, at 5, col. 2.

article

“Sale On Older Foreclosure Judgment To Be Held Within 90 Days?”, New York Law Journal, May 29, 2019, at 5, col. 2.

article

“Bergman on Mortgage Foreclosures: A Few Facts on Loans – A Usurious Loan – Really?”, 23 N.Y. Real Property Law Journal 47 (Spring 2019) No. 1; “Loan Modification Applications Does Not Save Statute of Limitations”, 24 N.Y. Real Property Law Journal 47 (Spring 2019) No. 1.

article

Bergman on Mortgage Foreclosures: A Series on Procedural Defenses – “The Thorny Problem of Proving the Home Loan 90-Day Notice Was Sent”, ”Failure of Preforeclosure Notice – Again – and What a Mess This All Is”, “Condo Gets Bank Interest Rate Reduced for Delay”, “Release in Loan Mod Saves Lender – a Salutary Reminder”, “Short Sale Not a Defense to Foreclosure”, “Relationship Between Mandatory Conference and the One-Year Default Trap”,46 N.Y. Real Property Law Journal No. 4 (Winter 2019).

article

2018

“The Cat is Out of the Bag: Elimination of Interest Slams Lenders Again”, New York Law Journal, December 19, 2018, at 5, col. 2.

article

“Eviction after Foreclosure: New Decisions Clarify the Game”, New York Law Journal, August 7, 2018, at 5, col. 2.

article

“When Bank Statements Torpedo the Foreclosure”, 31 N.Y. Real Property Law Journal 46 (Summer 2018) No. 2

article

“Court Allows Borrowers Standing Defense by the Back Door”, 19 N.Y. Real Property Law Journal 46 (Spring 2018) No. 1

article

“90-Day Notice for Suit on Note Revisited: Court of Appeals Needed”, New York Law Journal, May 30, 2018, at 5, col. 2.

article

“When the Borrower’s Lack of Service Claim Is Waived”, 23 N.Y. Real Property Law Journal 46 (Fall 2018) No. 3

article

“When a Foreclosing Lender Skips a Defendant, and Avoiding a Tale of Woe”, 26 N.Y. Real Property Law Journal 45 (Fall 2017/Winter 2018) No. 3

article

2017

“Peril and Ambiguities in the New Foreclosure Statutes” 31 N.Y. Real Property Law Journal 45 (Spring/Summer 2017) No. 2

article

“Resolved at Last: No 90-Day Notice a Year Later”, New York Law Journal, May 31, 2017, at 5, col. 2.

article

“Accepting Mortgage Payments or Condominium Fees When Legal Expenses Are Unpaid”, 45 N.Y. Real Property Law Journal 31 (Winter 2017) No. 1.

article

“Lender’s Choice in Naming Defendants Under Assault”, New York Law Journal, November 29, 2017, at 5, col. 2.

article

2016

“Condo Lien as a Continuing Lien – and Why Lenders Care”, 21 N.Y. Real Property Law Journal 44 (Winter 2016)

article

“Condo Lien as a Continuing Lien – and Why Lenders Care”, 31 Community Associations Institute – Long Island Chapter, 9 (Winter 2016)

article

“Settlement Negotiations and the Statute of Limitations”, New York Law Journal, March 30, 2016, at 5, col.2

article

“Interesting Look at Redemption – and a Dilemma for Lenders and Borrowers”, 27 N.Y. Real Property Law Journal 44 (Spring 2016)

article

“Bergman On Mortgage Foreclosures: When a Lender is Sued (or Not) for Injury at the Mortgaged Premises”, 8 NYSBA The Senior Attorney 34 (Spring 2016)

article

“Legislative Assaults on Mortgage Holders”, New York Law Journal, June 29, 2016, at 5, col.2

article

“Election of Remedies – OK to Foreclose Even Though Suing on Note”, 23 N.Y. Real Property Law Journal 44 (Summer 2016) No. 3

article

“Accepting Condominium Fees When Legal Fees Are Unpaid”, 33 Community Associations Institute – Long Island Chapter, 3 (Summer 2016)

article

“The New 90-Day Notice Rules: A Potential Morass for Lenders”, New York Law Journal, September 14, 2016, at 5, col. 2.

article

“Peril and Ambiguities in the New Foreclosure Statutes”, 32 New York Real Estate Law Reporter 11, September, 2016

article

“New Foreclosure Statutes in New York Threaten the Process”, 28 Servicing Management 18 (October 2016)

article

“The New Foreclosure Statutes: A Review Of The Perils”, New York Law Journal, November 30, 2016, at 5, col. 2.

article

2015

“When the Borrower Attacks the Action Time After Time”, 34 N.Y. Real Property Law Journal 43 (Winter 2015)

article

“Lender Victimized By Negligence Suit….In A Foreclosure Action?”, 26 Servicing Management 14 (February 2015)

article

“When a Lender is Sued (or Not) for Injury at the Mortgaged Premises”, 26 N.Y. Real Property Law Journal 43 (Spring 2015)

article

“Foreclosing After Taking a Deed-in-Lieu of Foreclosure” New York Law Journal, April 15, 2015, at 5, col. 2

article

“Mortgage Modification: Is Consent of Juniors Required?” – 26 Servicing Management 26 (May 2015)

article

“The Consequences of Sitting on a Foreclosure Judgment”, New York Law Journal, May 13, 2015, at 5, col.2

article

“Borrower Waiver of Counterclaim Enforced”, 35 N.Y. Real Property Law Journal 43 (Summer/Fall 2015)

article

“The Problem With The 30-Day Cure Letters Has Not Gone Away”, 23 Servicing Management 27 (December 2015)

article

“Foreclosing Multiple Mortgages In One Action: No Longer an Issue”, New York Law Journal, December 16, 2015, at 5, col.2

article

2014

“The Real Reason Lenders Are Challenged to Foreclose”, 25 Servicing Management 8 (January 2014)

article

“The Duration of the 90-Day Notice”, New York Law Journal (February 19, 2014) at 5, col.2

article

“Danger in Settlement Negotiations Redux”, 24 N.Y. Real Property Law Journal 42 (Winter 2014); reprinted in 6 The Senior Lawyer 24 (Fall 2014)

article

“Mayhem with the Attorney’s Affirmation – and a Scary Decision”, 35 N.Y. Real Property Law Journal 42 (Spring 2014)

article

“Don’t Wait For the Bank’s Foreclosure II”, 24 Community Associations Institute – Long Island Chapter, 1 (Spring 2014)

article

“Slow Foreclosures Versus Condominium Liens” New York Law Journal, July 16, 2014, at 5, col. 2

article

“Does the Conference Mandate Apply to All Residential Property?”, 31 N.Y. Real Property Law Journal 42 (Summer 2014)

article

“Borrowers Move to Federal Court to Assail Lenders-And Lose”, 26 Servicing Management 16 (August 2014)

article

“Hidden Danger of the Misindexed Mortgage”, 42 N.Y. Real Property Law Journal 42 (Fall 2014)

article

“For Condo and HOA Boards: A Foreclosure/Collection Primer”, 26 Community Associations Institute – Long Island Chapter, 1 (Autumn 2014)

article

“Lender Liable For Fire Death at Mortgaged Premises”, New York Law Journal, December 17, 2014, at 5, col.2

article

2013

“When the Court Won’t Strike” John Doe” Defendants”, 34 N.Y. Real Property Law Journal 41 (Winter 2013)

article

“When the Court Won’t Strike” John Doe” Defendants”, New York Law Journal (February 13, 2013) at 5, col.2

article

“(Who Cares About) Entering the Foreclosure Judgment”, New York Law Journal (May 29, 2013) at 5, col.2

article

“Unusual Events: Borrower Loses Motion to Dismiss; Lender is Sanctioned”, 25 N.Y. Real Property Law Journal 41 (Spring.Summer 2013)

article

“Don’t Wait For The Bank’s Foreclosure!”, 21 Community Associations Institute – Long Island Chapter, 1 (Summer 2013)

article

“A World Where Being Right Just Isn’t Good Enough”, 25 Servicing Management 8 (August 2013)

article

“No Need to Substitute Plaintiff Upon Mortgage Assignment”, New York Law Journal (December 18, 2013) at 5, col.2

article

2012

“The Newspaper Said the Foreclosure Was No Good”, 40 N.Y. Real Property Law Journal 23 (Winter 2012)

article

“Watch Out for the Settlement Stipulation”, 38 N.Y. Real Property Law Journal 32 (Spring 2012)

article

“Ban on Borrower’s Waiver of Defenses”, New York Law Journal, February 29, 2012 at 5, col. 2

article

“Legal Fees to Borrowers! World Sees Services as Bad Guys”, 107 Mortgage Banking (April 2012)

article

“When is a Document Recorded? A Mortgage Foreclosure Dilemma” New York Law Journal, May 30, 2012 at 5, col. 2.

article

“No Need to Substitute Plaintiff Upon Mortgage Assignment”, 37 N.Y. Real Property Law Journal 40 (Summer 2012)

article

“Bill Proposed to Require Attorney Certificate of Merit” New York Law Journal, August 15, 2012 at 5, col. 2

article

“Has it Really Come This Far – Sympathy As a Defense to Foreclosure?, 72 Mortgage Banking 110 (September 2012)

article

“The Bugaboo of Fiduciary Duty”, 76 N.Y. Real Property Law Journal 40 (Fall 2012)

article

“Effect of Foreclosure Delay On Condominium Liens” New York Law Journal, November 12, 2012 at 5, col. 2

article

“Preparing the Forbearance Agreement In-House”, 73 Mortgage Banking 78 (November 2012)

article

2011

“Another Statute of Limitations Loss for a Mortgage Holder”, 38 N.Y. Real Property Law Journal 39 (Winter 2011)

article

“The Unusual Role of Process Service in Foreclosure Cases”, New York Law Journal, February 16, 2011 at 5, col. 2

article

“The Hidden Perils of Process Service”, 106 Mortgage Banking (April 2011)

article

“Proposed Law Presents Dangers to Mortgage Enforcement”, New York Law Journal, April 20, 2011 at 5, col. 2

article

“The Folly of Mortgage Legislation: Just How Far It Has Gone” 22 Servicing Management 10 (May 2011)

article

“New Foreclosure Notice Statutes Mean Business”, 35 N.Y. Real Property Law Journal 39 (Spring/Summer 2011)

article

“Proposed Statutes to Place Burden on Foreclosure”, New York Law Journal, July 6, 2011 at 5, col. 2

article

“When the Borrower Sues the Lender in Federal Court”, 98 Mortgage Banking (August 2011)

article

“The Trouble With the Lender Maintenance Obligation” New York Law Journal, August 31, 2011 at 5, col. 2

article

“The Folly of Mortgage Legislation: Just How Far It Has Gone, Part II” 23 Servicing Management 30 (October 2011)

article

“Deed in Lieu of Foreclosure: Safe to Go in the Water?” New York Law Journal, October 19, 2011 at 5, col. 2

article

“More Strictness on the 90-Day Notice”, 39 N.Y. Real Property Law Journal 32 (Fall 2011)

article

2010

“Statute of Limitations Sinks Lender – Again”, 53 N.Y. Real Property Law Journal 38 (Winter 2010)

article

“New Law Will Create Delay, Additional Costs for Lenders”, New York Law Journal, January 13, 2010 at 5, col. 2

article

“Foreclosure Process Overhauled in the Empire State” 21 Servicing Management 8 (February 2010)

article

“A Strategy Suggestion”, 106 Mortgage Banking (April 2010)

article

“Zeal to Protect Homeowners Shadows Commercial Property”, New York Law Journal, April 21, 2010 at 5, col. 2

article

“Relationship of Speedy Service to Foreclosure Judgment – A Possible Trap for Mortgagees”, 38 N.Y. Real Property Law Journal 38 (Spring 2010)

article

“Escaping From the Automatic Stay”, 38 N.Y. Real Property Law Journal 31 (Summer 2010)

article

“Strict Courts Create Servicer Headwinds”, 88 Mortgage Banking (August 2010)

article

“The New Foreclosure Statute’s Effect on Titles”, New York Law Journal, August 19, 2010 at 5, col. 2

article

“The 90-Day Notice: The Full Story”, New York Law Journal, September 8, 2010 at 5, col. 2

article

“Can The Mortgagee Take a Check After Acceleration?”, 38 N.Y. Real Property Law Journal 54 (Fall 2010), reprinted 31 One on One 18 (Fall 2010)

article

“What Happens if the Current Crisis Overturns Foreclosure Sales?”, 104 Mortgage Banking (December 2010)

article

“Court Rules Eve of Sale Mortgage Redemption OK”, New York Law Journal, December 15, 2010 at 5, col. 2

article

“Effect of Current Crisis on Completed Foreclosure Sales”, New York Law Journal, December 29, 2010 at 5, col. 2

article

2009

“So They Demolished Your Building(The One Where You Have a Mortgage); Who Would Do that”, 66 N.Y. Real Property Law Journal, 37 (Winter 2009)

article

“When There is Danger in Settlement Negotiations”, 69 Mortgage Banking 97 (March 2009)

article

“The New Law’s 90-Day Notice And Conference Requirements”, New York Law Journal, March 10, 2009 at 7, col. 1; Reprinted 88 New York State Land Association – The Bulletin (Winter 2009)

article

“Can New York Tell You What Interest to Charge?”, 73 N.Y. Real Property Law Journal, 37 (Spring 2009)

article

“Post-Acceleration Check Generally Can Be Accepted”, New York Law Journal, July 8, 2009 at 5, col. 2

article

“So You Want to Sell the Co-Op Back to the Borrower”, 55 N.Y. Real Property Law Journal, 37 (Summer 2009)

article

“Deficiency Judgments – A New Look”, 88 Mortgage Banking (September 2009)

article

“New Foreclosure Statutes Mean Business, Court Rules”, New York Law Journal, September 9, 2009 at 5, col. 2

article

“Oh, Do Lenders Need Title Insurance!”, 42 N.Y. Real Property Law Journal 37 (Fall 2009)

article

“When a Party is Missed in the Foreclosure”, 97 Mortgage Banking (December 2009)

article

2008

“Notice of Appearance – When the Borrower is a Faker”, 39 N.Y. Real Property Law Journal 36 (Winter 2008)

article

“Subprime Meltdown: Averting Auctions is Becoming More Difficult”, New York Law Journal, February 13, 2008, at 5, col. 2.

article

“Upon Default – Defining the Highest Rate Allowed by Law”, New York Law Journal, April 30, 2008, at 5, col. 2.

article

“Saving Time – Inviting the Odious Answer to Disappear”, 68Mortgage Banking 101 (April, 2008).

article

“Says the Borrower to the Lender: Now Here’s What I Want You to Do”, 36 N.Y. Real Property Law Journal, (Spring 2008).

article

“Servicer Errors to Avoid”, 68 Mortgage Banking, 114 (June, 2008).

article

“More on Service of Process Woes”, 36 N.Y. Real Property Law Journal 43 (Summer 2008)

article

“Nonjudicial Foreclosure in New York – What’s the Story?”, UTA Quarterly 16 (Summer 2008)

article

“More Changing Laws: New York ”, The USFN Report 9 (Summer, 2008)

article

“Redemption – Recent Cases Consider Duration of Right”, New York Law Journal, September 24, 2008, at 5, col. 2.

article

“Collecting All the Interest Due on the Mortgage”, 69 Mortgage Banking, 154, (October 2008)

article

“So the Servicer Accepts Payment After Maturity…”, 64 N.Y. Real Property Law Journal 36 (Fall 2008)

article

“Entertainment of Settlement Could Backfire on Lender” New York Law Journal, December 31, 2008, at 5, col. 2

article

2007

“Reject the Post-Acceleration Check? Dispelling the Myth”, Mortgage Banking 137 (January 2007)

article

“New Roadblock in New York Evictions After Foreclosure”, 35 N.Y. Real Property Law Journal, 43(Winter 2007)

article

“Purchase Money Mortgage – Ruling Offers No Grounds for Criminal Penalties”, New York Law Journal, February 14, 2007, at 5, col. 2.

article

“Guidance for the Critical Forbearance Agreement”, 67Mortgage Banking 113 (April 2007)

article

“Home Equity Theft Protection Act – Measure May Apply to Deeds-in-Lieu of Foreclosure”, New York Law Journal, June 13, 2007, at 5, col. 2.

article

“Home Equity Theft Protection Act – Measure May Apply to Deeds-in-Lieu of Foreclosure”, New York Law Journal, June 13, 2007, at 5, col. 2.

article

“Dodging the Breach Letter: It Is Possible and Positive”, 16 Servicing Management 19 (August 2007)

article

“The Mistaken Foreclosure Sale – Can It Be Undone”, Mortgage Banking 135 (August 2007)

article

“Yes, Absence of the Breach Letter Can Be Fatal to the Foreclosure”, 35 N.Y. Real Property Law Journal 2 (Spring/Summer 2007)

article

“Servicers Beware: Tools Missing From The Loss Mit Box,” 19 Servicing Management 3 (October 2007)

article

“Condominium Common Charge Lien vs. Mortgage: Who Wins the Priority Fight?”, New York Law Journal, November 26, 2007, at 10-11.

article

“When Property is Lost for Taxes – No Salvation Here”, 35 N.Y. Real Property Law Journal 3 (Fall 2007)

article

“Mistakes Happen: When the Lender Tries to Undo its Own Sale”, New York Law Journal, December 12, 2007, at 5, col. 2.

article

2006

“(True) Purchase Money Mortgage and Usury”, New York State Bar Association Journal 30 (Jan. 2006)

article

“For Want of a Nail – Glitches Threaten Foreclosure Actions”, New York Law Journal, February 8, 2006, at 5, col. 2.

article

“Referee Fees – Courts Clarify Issue of Extra Payment”, New York Law Journal, March 29, 2006, at 5, col. 2.

article

“Payoff on the Eve of Sale” 78 New York State Bar Association Journal 34 (May 2006)

article

“Eleventh-Hour Settlements Can be Packed With Danger”, 17 Servicing Management 14, May 2006

article

“Reverse Mortgage Foreclosures: Judicial Perspective from New York” The USFN Report 7 (Spring, 2006)

article

“Consequences of Delay” 45 New York State Bar Association Journal 34 (Spring 2006)

article

“Should a Lender Worry About Settlement”, New York Law Journal, June 14, 2006, at 8, col. 2.

article

“Mortgage Foreclosures for the General Practitioner” 7 New York State Bar Association – One on One 27 (Spring 2006)

article

“Having Title Insurance Can Be Absolutely Critical”, 18 Servicing Management 4, August 2006

article

“Post-Sale Evictions; Decision Offers Solace for Lenders”, New York Law Journal, August 16, 2006, at 5, col. 2.

article

“Tackling Missed Junior Interests in a Foreclosure Proceeding”, 18 Servicing Management 3, October 2006

article

“Home Equity Theft – New Law Will Hamper Title Insurability, Foreclosure”, New York Law Journal, October 11, 2006, at 5, col. 2. Reprinted, 85 New York State Land Title Association Bulletin 3 (Fall, 2006)

article

“Forgetting Assignment Proves Fatal”, 34 N.Y. Real Property Law Journal, 109(Fall 2006)

article

2005

“Use and Occupation in Strict Foreclosure” 44 N.Y. Real Property law Journal 98 (Winter 2005)

article

“A New Legal Myth – Criminal Usury and the Purchase Money Mortgage” New York Law Journal, February 9, 2005, at 4, col. 1.

article

“Paying Off a Mortgage – A (Surprisingly) Convoluted Story” New York State Bar Association Journal 47 (March/April 2005)

article

“Are You Obligated to Pay a Broker?” 16 Servicing Management 11, June 2005

article

“(Those Sneaky) Legal Fees Paid Under Protest”, 33 N.Y. Real Property Law Journal, 128 (Summer 2005)

article

“Money Judgments Take Effort” 16 Servicing Management 8, July 2005

article

“Mortgage Filing Error – And Why Title Insurance is Vital”, 33 N.Y. Real Property Law Journal, 186 (Fall 2005)

article

“Predatory Lending for All” New York State Bar Association Journal 46 (Sept. 2005)

article

“The 20 Greatest Loan Servicing Myths”, 65 Mortgage Banking 88 (Sept. 2005)

article

“Receiver’s Obligation – Prior Bills, Contracts Need Not Be Honored”, New York Law Journal, October 12, 2005, at 5, col. 2.

article

“Lenders and Property Buyers Must Take Note of Non-Disturbance Agreements” 10 Commercial Mortgage Insight 2, December, 2005

article

“The Servicer’s Forgotten Remedy”, 17 Servicing Management 24, December 2005

article

“So You Need to Prepare a Purchase Money Mortgage”, 55 Nassau Lawyer, 5 (December, 2005)

article

2004

“Still Confusion With the Letter – The 30-Day Breach Letter Hurts Lenders and Servicers as it Is, and the Pain Is Only Exacerbated by Sending Unnecessary, Successive Notices” 15 Servicing Management 14, January, 2004

article

“Hidden Confusion – Eviction After Foreclosure Presents Roadblocks” New York Law Journal, January 28, 2004, at 5 col. 2

article

“The Perils of Purchasing Portfolios With New York High-Cost Loans – The State’s Anti-Predatory Lending Statute’s Severe and Ambiguous Features Can Create Headaches for Loan Purchasers” 18Secondary Marketing Executive,10, February, 2004

article

“Remedying Those Nasty Senior Liens – An Unexpected Senior Mortgage or Other Lien Can Be a Significant Obstacle as You Pursue Foreclosure” 15 Servicing Management 16, April, 2004

article

“Process Service and the Statute of Limitations” 32 N.Y. Real Property Law Journal 63 (Spring 2004)

article

“Post-Acceleration Payments: Accept Them or Not?” The USFN Report 5 (Spring, 2004)

article

“Enter the Co-Op Beast – Foreclosing on a Co-Op is Non-Judicial, and Thus Much Faster; But This Form of Ownership Carries Some Danger” 15 Servicing Management 16, July, 2004

article

“Groups Must Stay in Contact – Significant Issues Can Pop Up Anytime, So It’s Vital For Loss Mitigation Departments to Stay in Close Contact With Foreclosure Groups” 16 Servicing Management 45, August, 2004

article

“Where Is The Title? – It Should Not Be Elusive, But Sometimes It Is” New York Law Journal, August 11, 2004, at 5 col. 2

article

“Buying at Foreclosure Sales: Pitfalls Explained”, 54 Nassau Lawyer, 3 (September, 2004)

article

“A Leader In Delay – New York’s Rampant Abuse In Foreclosure Defenses” New York Law Journal, September 8, 2004

article

“Verifying the Foreclosure Complaint?” 32 N.Y. Real Property law Journal 98 (Summer/Fall 2004)

article

“Where Are Your Borrowers? – Borrowers in Hiding Can Add Considerable Expenses if a Mortgage Goes Into Default and a Foreclosure Must be Pursued” 16 Servicing Management 37, November, 2004

article

“When the Borrower Hides from a Deficiency” 32 N.Y. Real Property Law Journal 24 (Winter 2004)

article

2003

“Hooking Up With The Receivers” 14 Servicing Management 42 (February, 2003)

article

“Summons Process Takes Heavy Toll – The Time to Find a Borrower in a Foreclosure Action After Publication of the Notice Can Quickly Stretch from a Matter of Weeks to Months” 14 Servicing Management 36 (March, 2003)

article

“Danger Lurks in N.Y. Statute” (Predatory Lending) 14 Servicing Management 32 (April, 2003)

article

“Predatory Lenders – How the New Law Affects Mortgage Foreclosure” New York Law Journal, April 9, 2003, at 5, col. 2.

article

“What’s Up With Co-Ops? Documentation and Foreclosure” The USFN Report 7 (Spring, 2003)

article

“Unpaid Taxes Imperil the Mortgage” 14 Servicing Management 41 (May, 2003)

article

“When the Borrower Tenders All Arrears” 31 N.Y. Real Property Law Journal 34 (Winter/Spring 2003)

article

“When the Borrower Sends a Letter” 15 Servicing Management 19 (August, 2003)

article

“Small Comfort – Non-Judicial Foreclosure Revived With Little Change” New York Law Journal, August 13, 2003, at 5, col. 2

article

“Impact of the New Predatory Lending Law – May Generate Infirmities in Titles Devolving Through High-Cost Home Loan Foreclosures” New York Law Journal, August 18, 2003, at Land Title Trends S6

article

“Beware Payments Under Protest” 15 Servicing Management 7 September, 2003

article

“Consolidated Mortgage Priority Over Condo Lien” 31 N.Y. Real Property Law Journal 77 (Summer, 2003)

article

“Pursuing Foreclosure on Junior Liens – Deciding If and When a Senior Mortgage Should Be Satisfied by the Junior is a Business Question Rather Than a Legal One” 15 Servicing Management 12, October, 2003

article

“Move Faster and More Effectively When Pursuing Foreclosures – Some Actions May Be Counter-Productive When Seeking Foreclosures” 8 Commercial Mortgage Insight 26, October, 2003

article

“So Your Client Wants to Buy At a Foreclosure Sale: Pitfalls and Possibilities” 75 New York State Bar Association Journal 43 (September, 2003)

article

“Borrowers in Distress – Another Misapplication of RPAPL Section 1341″ New York Law Journal, December 31, 2003, at 5 col. 2

article

2002

“Care is Key In Forbearance Accord,” 13 Servicing Management, 17 (January, 2002)

article

“Thanks for Nothing (Or, the Danger of Being Gracious to Borrowers)” 30 N.Y. Real Property Law Journal 35 (Winter, 2002)

article

“Little Things Mean a Lot — Reviewing the New Interest Formula After ‘Spodek’”, New York Law Journal, January 30, 2002, at 5 col. 2

article

“Nip Assignment Snags in the Bud — A Company That Buys Mortgages and Assumes It Is The Assignee Could Be In For Quite a Shock During a Foreclosure Action”, 13 Servicing Management 32 (March, 2002)

article

“The Story on Deficiency Judgments — A State By State Tale”, The USFN Report 1 (March/April, 2002)

article

“Lis Pendens — A Servicer’s Shield? 13 Servicing Management 15 (April, 2002)

article

“Ruling Likely to Help Servicers — the Decision in a New York Default Case that Resonates Nationally Entitles a Note Holder to Collect Interest on Both Past-Due Principal and Interest”, 13 Servicing Management 9 (May, 2002)

article

“Non-Judicial Foreclosure Renewed in New York” 30 N.Y. Real Property Law Journal 88 (Spring, 2002)

article

“Consider Filing Suit on the Note — Although a Foreclosure Action Usually Gets the Rapt Attention of Borrowers, There are Times When Lenders are Better Served Taking a Different Tact” 13 Servicing Management 23 (June, 2002)

article

“Watch the Statute of Limitations” 13 Servicing Management 11 (July, 2002)

article

“Foreclosure Process and its Netherworld” New York Law Journal, at S7 col. 1 (August 19, 2002)

article

“Owners Can Stiff the System – – Borrowers Have Figured Out They Can Cheat Governments Out of Taxes, Lose Their Real Estate and Then Repurchase it at Bargain-basement Prices – Legally”, 14 Servicing Management 26 (September, 2002)

article

“Interest on the Mortgage – A New Formula” 30 N.Y. Real Property Law Journal 150 (Summer, 2002)

article

“Cutting Losses – The Deed-in-Lieu of Foreclosure”, The USFN Report 5 (September/October 2002)

article

“Obtaining Possession – A Glitch in Eviction After Foreclosure”, New York Law Journal, October 9, 2002, at 5, col. 2

article

“Non-Judicial Foreclosures Continue in the Empire State”, 6 Commercial Mortgage Insight, 12 (November, 2002)

article

“Mortgage Redemption – An Analysis of the Law When a Foreclosure Sale is Scheduled”, New York Law Journal, October 30, 2002, at 5, col. 2.

article

“Mortgage Language and the Borrower in Hiding”, 30 N.Y. Real Property Law Journal 217 (Fall, 2002)

article

“Purchase Money Mortgages Require Careful Drafting to Avoid Later Difficulties” 29 New York State Bar Association Journal 74 (November/December, 2002)

article

2001

“New Non-Judicial Foreclosure Act Falls Short of Expectations” 4 Commercial Mortgage Insight 24 (January, 2001)

article

“And If the House Burns Down? — A Request to Adjourn the Closing After a Foreclosure Sale Raises a Host of Questions” 12 Servicing Management 44 (February, 2001)

article

“Broker’s Commissions — Sales of Mortgages Can Open Window of Liability” New York Law Journal January 31, 2001, at 5 col. 2

article

“Beware Using Deed as Security — Using the Deed as Security in the Foreclosure Process Can Have Unexpected Legal Consequences” 12 Servicing Management 27 (March, 2001)

article

“Role of the Lis Pendens in a Foreclosure Case” The USFN Report 1 (March/April 2001)

article

“The Sale and The Real Estate Broker — In Some Cases, Servicers Could be Liable for Broker Commissions in a Foreclosure Sale” 12 Servicing Management 28 (April, 2001)

article

“The Judgment is Final” 29 N.Y. Real Property Law Journal 24 (Winter/Spring 2001)

article

“Lender’s Nightmare — When Acceleration Meets the Statute of Limitations” New York Law Journal May 30, 2001, at 5 col. 2

article

“Reality Based Servicing” 61 Mortgage Banking 62 (June, 2001)

article

“Fire Loss Could Burn Servicer” 12 Servicing Management 7 (July, 2001)

article

“The Case of the Missing Mortgage — Both Title Company and Servicer May Be in Hot Water When Foreclosure Begins and the Document has Vanished” 12 Servicing Management 20 (August, 2001)

article

“Mortgage Foreclosures Involve Combination of Law, Practice, Relationships and Strategies” 19 New York State Bar Association, 73 (July/August, 2001)

article

“How Delay Can Push Law’s Limits — The Statute of Limitations, As It Applies to Late Payments, Does Not Present a Serious Practical Problem” 13 Servicing Management 14 (September, 2001)

article

“Mortgage Modification and the Mortgage Tax” 29 N.Y. Real Property Law Journal 64 (Summer, 2001)

article

“Danger! Lurks — Taking Care in Loss Mitigation” The USFN Report 1 (September/October, 2001)

article

“The Phantom Menace — Reviewing the Statute of Limitations Nightmare”, New York Law Journal, October 10, 2001, at 5 col. 2

article

2000

“Thwarting the Obstreperous Borrower — Wily Borrowers Use Every Possible Tactic in an Effort to Slow or Defeat Foreclosure”, 11 Servicing Management 28 (January, 2000)

article

“Attorney’s Letter Can Stall Foreclosure — Notices of Appearance from a Borrower’s Attorney Can Hold up the Foreclosure Process”, 11 Servicing Management 34 (February, 2000)

article

“Details of the Loan — Usury Avoidance Provisions: Do They Work?”, New York Law Journal February 9, 2000, at 5 col 4.

article

“Consider the Time Factor — Lenders and Servicers Need to Make a Business Decision on Whether it it Worthwhile to Pursue a Deficiency Judgement”, 11 Servicing Management 26 (March, 2000)

article

“When They Finally Render Low the Bad Guys”, 28 N.Y. Real Property Law Journal 28 (Winter, 2000)

article

“When Taking Away Your Property”, 11 Servicing Management 34 (April, 2000)

article

“The 30-Day Cure Letter — A Modest Suggestion to Lobby for Removal of the Costly 30-Day Cure Letter”, 11 Servicing Management 17 (May, 2000)

article

“Extinguished Mortgages — When the Lender Ignores the Taxes and the Borrower Benefits”, New York Law Journal, May 31, 2000 at 5 col. 4

article

“Consequences of Delay and Interest Accrual”, 11 Servicing Management 26 (July, 2000)

article

“The Irksome Case of the Hyperactive Referee”, 28 N.Y. Real Property Law Journal 61 (Spring, 2000)

article

“Can We Vacate the Sale?, 11 Servicing Management 39 (August, 2000)

article

“A Problem With Your Mortgage” Equity 34 (Summer, 2000)

article

“Effect of an Appeal on Foreclosure” N.Y. Real Property Law Journal 28 (Summer, 2000)

article

“Heed the Deficiency Judgment — Servicers Who Don’t Obtain a Deficiency Judgment Could Be Left Without an Insurable Interest When an Insurance Claim is Made on a Foreclosed Property” 12 Servicing Management 62 (October, 2000)

article

“Revisiting the Condominium Common Charge Lien” New York Law Journal October 6, 2000 at 1 col. 1.

article

“Forbearance Agreement Guide — The Agreement Is An Often-Used Loss Mitigation Tool That Can Pose Legal Hurdles for Servicers Who Are Not Careful” 12 Servicing Management 26 (November, 2000)

article

“There’s No Cure For Telling a Lie — Think the 30-day Cure Letter Has Received Enough Bad Press? Think Again. Servicers Are Warned About Yet Another Facet of the Provision” 12 Servicing Management 23 (December, 2000)

article

“Insurance Claims and the Deficiency Judgment”, 54 Consumer Finance Law Quarterly Report 328 (Fall, 2000)

article

“Deficiency Judgments and the Workout Agreement” N.Y.Real Property Law Journal 128 (Fall, 2000)

article

“Insurance Claims and the Deficiency Judgment” 54 Consumer Finance Quarterly Report, No. 4, 328 (Fall, 2000)

article

1999

“Accepting Partial Payments — Beware of Potential Dangers”, The USFN Report 5 (January/February 1999).

article

“When a Prior Action is Pending – A Matter of Strategy”, 27 N.Y. Real Property Law Journal 28 (Winter, 1999)

article

“Here, Gone, Back Again – The Time-Savings Non-Judicial Foreclosure Is Now Available in New York”, 10 Servicing Management 35 (February, 1999)

article

“Non-Judicial Actions — Statutory Ambiguities Could Cause Delays in Default Cases”, New York Law Journal, February 10, 1999, at 5 col. 2

article

“When a Prior Action is Pending — Strategy to Move Your Foreclosure”, Equity (January, 1999)

article

“Case Closed! Or Not? — What To Do When The Borrower Attacks The Settlement”, 10 Servicing Management 21 (March, 1999)

article

“It’s Like a High-Wire Act! What To Do When an Overzealous Referee Delays Your Case,” 10 Servicing Management 38 (April, 1999)

article

“When the Mortgage Assignee Does Not Have to Be Substituted”, 27 N.Y. Real Property Law Journal 76 (Spring, 1999)

article

“Judgments and Sales – Owners’ Rights Remain Intact Until the Auction Hammer Falls”, New York Law Journal, June 9, 1999, at 5 col. 3

article

“A Potpourri of Concepts – Delaying Tactics; The Deficiency Judgment and the Workout Agreement; Bankruptcy”, 10 Servicing Management 26 (July, 1999)

article

“Cash the Check? – When a Borrower Defaults, Then Pays All Arrears, Foreclosure Gets a Little Tricky”, 10 Servicing Management 37 (August, 1999)

article

“Foreclosure of the Second Mortgage – Various Strategies Available”, The USFN Report (July/August, 1999)

article

“Assault on Foreclosure Judgment Interest”, 27 N.Y. Real Property Law Journal 114 (Summer, 1999)

article

“The Judgment is Final – Borrowers, Or Their Attorneys, Should Speak Now Or…”, 11 Servicing Management 37 (September, 1999)

article

“Foreclosures: Assault on the Deed-in-Lieu”, New York Law Journal, September 29, 1999, at 5, col. 2

article

“A Vital Act: Service of Process — Employ the Right Provision to Flush Out the Borrower”, 11 Servicing Management 58 (October, 1999)

article

“Beware Being Gracious to Borrowers — Lenders and Servicers Face Pitfalls in Loss Mitigation Efforts”, 11 Servicing Management 16 (November, 1999)

article

“Foreclosure Of The Second Mortgage — The Nuances of Default On A Second Mortgage Are Worthy of Note”, 11 Servicing Management 32 (December, 1999)

article

“The Scheme Which Can Provide a Defense”, 27 N.Y. Real Property Law Journal 157 (Fall, 1999)

article

1998

“Issuing the Mortgage Satisfaction — If You Aren’t Quick Enough, You Could Find Yourself Paying a Penalty”, 9 Servicing Management 5 (January, 1998)

article

“Don’t Serve Those Papers! Sometimes, The Better Business Decision Is To Bend The Rules a Bit — Legally, Of Course,” 9 Servicing Management 6 (February, 1998)

article

“A Potpourri of Cases — These Interesting Items Deal With The Right of Redemption, Foreclosure Sale Adjournments And Co-Op Dangers,” 9 Servicing Management 7 (March, 1998)

article

“Assignment of Rents — What’s It Worth?,”, 26 N.Y. Real Property Law Journal 21 (Winter, 1998)

article

“Time — Making A Business Decision Not To Serve a Defendant in the Foreclosure Case”, Equity 29 (April, 1998)

article

“Assignment of Rents — This Common Clause Can Be Of More Use Than Some Servicers Think”, 9 Servicing Management 8 (April, 1998)

article

“The Egg’s On The Lender’s Face — A Single Mortgagee Makes A Mess Out Of A Foreclosure Settlement”, 9 Servicing Management 68 (June, 1998)

article

“Making a Business Decision Not to Serve a Defendant in the Foreclosure Case”, 26 N.Y. Real Property Law Journal 71 (Spring, 1998)

article

“Food for Thought — Can Lender Shift Obligation for Transfer Taxes to Bidder?”, New York Law Journal, June 10, 1998, at 5 col. 2.

article

“Publishing the Summons”, 26 N.Y. Real Property Law Journal 105 (Summer, 1998)

article

“When the Borrower Tenders all Arrears”, Equity 26 (July, 1998)

article

“Court Rules on Late Charges – In New York, If a Borrower Doesn’t Pay Assessed Late Charges, You Can Foreclose – But Do You Want To?”, 10 Servicing Management 32 (September, 1998)

article

“A View From The Trenches – Let’s Examine The Other Side of Loss Mitigation”, 10 Servicing Management 50 (October, 1998)

article

“Proof of Lis Pendens Not Required For Issuance of Order of Reference”, New York Law Journal, October 16, 1998, at 1 col. 1.

article

“Delete the 30-Day Cure Clause! Yes, You Read That Correctly, Chronic Defaulters Can Milk The 30-Day Clause Unless You Take Bold Action”, 10 Servicing Management 40 (November, 1998)

article

“Are You Really Junior? – It Sure Matters!, Equity 24 (October, 1998)

article

“Lis Pendens and the Order of Reference”, 26 N.Y. Real Property Law Journal 148 (Fall, 1998)

article

“How the 30-Day Cure Clause Creates Unnecessary Delays in Foreclosure”, New York Law Journal, December 23, 1998, at 1 col. 1.

article

1997

“Ticktock, Ticktock, Ticktock, Publishing The Summons Nibbles Away At Time Frames, Boosts Costs”, 8 Servicing Management 37 (February, 1997)

article

“Time To Make Fire Insurance Claim – Lender Not Snared This Time”, N.Y. Real Property Law Journal 41 (Winter, 1997)

article

“Legal Fees In Your Mortgage”, Equity 42 (March, 1997)

article

“Foreclosure, When Is It Really Over? Defining Duration Of Right To Redeem”, New York Law Journal, April 9, 1997, at 5 Col. 2

article

“Feel the Need for Speed? — The Referee Could Be a Help, Or a Hindrance, To Meeting Timelines”, 8 Servicing Management 38 (April, 1997)

article

“You Can Sue On The Note…In Certain States, But Consider Carefully What You Might Be Forfeiting”, 8 Servicing Management 49 (May, 1997)

article

“The Shame Of Eviction After Foreclosure”, N.Y. Real Property Law Journal 41 (Spring, 1997)

article

“No, You Can’t Modify The Mortgage”, 25 N.Y. Real Property Law Journal 121 (Summer, 1997)

article

“The 30-Day Cure Letter”, 9 Servicing Management 42 (September, 1997)

article

“Interest Rate Upon Default”, New York Law Journal, September 24, 1997, at 5, Col. 2

article

“Your Strategy When The Senior Is Foreclosing: A Quick Primer”, Equity 42 (September, 1997)

article

“Dissecting A Deed-In-Lieu”, 9 Servicing Management 58 (October, 1997)

article

“One Foreclosure Too Many?”, 9 Servicing Management 49 (November, 1997)

article

“Deficiency Judgments — The Flow of Nuance”, 25 N.Y. Real Property Law Journal 164 (Fall, 1997)

article

“RPAPL §1341 — Eve of Sale Redemption: Time to Revisit Partial Foreclosure”, New York Law Journal November 19, 1997, at 5, Col. 2

article

1996

“Misstatement on Mortgage Applications As Basis To Foreclose”, NY Mortgage Report 12 (May 1996).

article

“Something Strange About Eviction After Foreclosure”, NY Mortgage Report 14 (September 1996).

article

“When They Try to Bury The Second Mortgage”, NHEMA Equity 14 (September, 1996).

article

“Late Charges and the Progress of a Foreclosure” NY Mortgage Report 24 (December 1996).

article

“Is A Post-Acceleration Check Ok?”, 7 Servicing Management 62 (February, 1996)

article

“Usury, Extra Payments, Deficiencies…” 7 Servicing Management 65 (February, 1996)

article

“Risky Approach – Eviction After Foreclosure: An Examination Of `Self Help”, New York Law Journal, January 24, 1996, at 5, col. 2

article

“The Prickly Referee’s Hearing – If You Stumble”, 24 N.Y. Real Prop. L.J. 36 (Winter, 1996)

article

“So You’ve Been Appointed A Referee To Compute – Part I”, 44 Nassau Lawyer 8 (January, 1996); Part II 44 Nassau Lawyer 16 (Feb., 1996); Part III 44 Nassau Lawyer 7 (March, 1996); Part IV 44 Nassau Lawyer 17 (April, 1996), Part V 44 Nassau Lawyer 9, continued on page 17 (June/July, 1996)

article

“Assault On The Second Mortgage”, 7 Servicing Management, 15 (March, 1996)

article

“The D’Oench, Duhme Doctrine”, 7 Servicing Management 39 (April, 1996)

article

“The Skill Of The Drafter – Legal Fees Are Available But The Amount Is Up To The Judge”, New York Law Journal, March 27, 1996, at 5, col. 2

article

“Fire: Put The Insurer On Notice”, 7 Servicing Management 43 (May, 1996)

article

“More Good News For Lenders On Settlement (But Watch Your Notice), 24 N.Y. Real Prop. L.J., 27 (Spring, 1996)

article

“No Immunity From Penalty – Possible Consequences For Plaintiffs Who Delay Foreclosure”, New York Law Journal, May 22, 1996, at 5, col. 2

article

“A Cause For Acceleration – If A Borrower `Misstates’ Information On An Application, What Happens?”, 7 Servicing Management 46 (July, 1996)

article

“Common Charge Lien Condo Attacks First Mortgage: A Creature That Wouldn’t Die”, New York Law Journal, July 24, 1996, at 5 col. 2

article

“Booting Out Big Apple Tenants”, 7 Servicing Management 39 (August, 1996)

article

“Co-op Foreclosure Methodology – What Is Your Choice?”, 24 N.Y. Real Prop. L.J., 107 (Summer, 1996)

article

“Sale Bidding and Deficiencies”, 8 Servicing Management 56 (October, 1996)

article

“No Scamming This Time – Protecting Receiver and Foreclosing Plaintiff From Deception”, New York Law Journal, September 25, 1996, at 5 Col. 2

article

“The ‘Notice To Cure’ Provision”, 8 Servicing Management 63 (November, 1996)

article

“An Alert On Early Settlements”, 8 Servicing Management 37 (December, 1996)

article

“Good Riddance, Extra Notice Provision”, 24 N.Y. Real Property L.J., 136 (Fall, 1996)

article

“The Hardship of Delay – To Judges, Legislators: Foreclosures Need Remedial Attention”, New York Law Journal, November 27, 1996, at 5 Col. 2

article

1995

“Can A Broker Earn Commission At A Foreclosure Sale?”, Mortgage Report 11 (April 1995).

article

“Rescuing The Losing Foreclosure With A Receivership”, Mortgage Report 24 (May 1995).

article

“Knocking Out the Answer – Some Strategy to Speed the Foreclosure”, 9 Mortgage Report 1 (June 1995).

article

“Foreclosure Sales – Unlocking The Bidding `Mystery’: There Shouldn’t Even Be One”, New York Law Journal, November 29, 1995, at 5, col. 2.

article

“Now, Some New Matters of Interest – Month to Month Tenants, Receivers and Rent Overcharges”, 6 Servicing Management 33 January, 1995)

article

“So, What’s Your Position, Junior?”, 6 Servicing Management 68 (February, 1995)

article

“Who’s Hiding In The House? Lis Pendens, Eviction After Foreclosure: Tenants Are Bound”, New York Law Journal, January 25, 1995, at 5 Col. 2

article

“Some Times, The Good Guys Win – Recent Court Ruling Shines A Ray of Hope On Loan Administrators”, 6 Servicing Management 21 (March, 1995)

article

“Most Often, Bankruptcy’s Not a Threat – Such Filings Are Annoying, But Can Be Deficient In Defenses”, 6 Servicing Management 21 (April, 1995)

article

“They Never Served Me -Again?”, 23 N.Y. Real Prop. L.J. 53 (Winter, 1995)

article

“Lenders’ Legal Fees, Vintage Government Mortgage: What Was the Drafter Thinking?”, New York Law Journal, March 22, 1995, at 5 col. 2

article

“Mortgage Foreclosure – A Modern Primer For Corporate Counsel”, 3 The Metropolitan Corporate Counsel 39 (April 1995)

article

“Honor Thy Notice of Appearance (Or, a Shortcut to Avoid)”, 23 N.Y. Real Prop. L.J. 85 (Spring, 1995)

article

“The 5 Percent Question – Receiver’s Commission: Confusion Reigns Over `How Much'”, New York Law Journal, May 24, 1995, at 5 col. 2

article

“Strict Foreclosure To The Rescue!”, 6 Servicing Management 74 (June, 1995)

article

“Sometimes, The Court Makes An Error – For Example, In Cases Of Evictions After A Foreclosure…”, 6 Servicing Management 31 (July, 1995)

article

“A Case To Warm The Soul (And A Tale Worth Telling), 23 N.Y. Real Prop. L.J. 113 (Summer, 1995)

article

“Light At The End Of The Tunnel – Sage Drafting Preserves Default Rate Until Payment Of Debt”, New York Law Journal, July 26, 1995, at 5, col. 2

article

“Honor Thy Notice Of Appearance”, 6 Servicing Management, 37 (August, 1995)

article

“Forewarned: Legal Fee Clause”, 6 Servicing Management 38 (September, 1995)

article

“Some Vital Basics When The Senior Forecloses”, Equity, The Journal of the National Home Equity Mortgage Association 12 (September, 1995)

article

“Salamanca v. Darrow’ – New Twist In The Scenario Of Borrower Buying The Tax Title”, New York Law Journal, September 27, 1995, at 5, col. 2

article

“Still More Peril In The Co-Op Loan, N.Y. Real Prop. L.J. 149 (Fall, 1995)

article

“The Dangers Of Co-Op Lending”, 7 Servicing Management 25 (November, 1995)

article

“A Bidder Wins, Then Defaults”, 7 Servicing Management 42 (December, 1995)

article

“A Bidder Wins, Then Defaults”, 7 Servicing Management 42 (December, 1995)

article

“When The First Mortgage Forgets About The Second”, NHEMA Equity 16 (December, 1995)

article

1994

“Late Charges Can Amount To Big Bucks”, 5 Servicing Management 37 (February 1994).

article

“Confirmed At Last – Yes Virginia, There Are Late Charges, And In New York Too”, New York Law Journal, January 26, 1994, at 5, Col. 2.

article

“Some Observations On Doing It Right…The First Time, And Why It Can Take Longer Than You Expect”, 5 Servicing Management 31 (March 1994).

article

“Critical Mortgage Clauses for Drafting and Litigation”, 15 One On One, Newsletter of the General Practice Section of the New York State Bar Association 5 (Spring, 1994).

article

“‘Mariani’ Scenario – A Perfect Anomaly: Deficiency vs. Judgment By Confession”, New York Law Journal, March 23, 1994, at 5, Col. 2.

article

“Some Sanctity In Your Mortgage Foreclosure Settlements”, Equity, The Journal of the Second Mortgage Profession 14 (March 1994).

article

“The Obscure Object of Foreclosure – The Estoppel Certificate”, Real Property Law Section Newsletter 22 (Spring 1994)

article

“The Foreclosure Case: Attorneys Ask: Will The Settlement Stand Up?”, 1 The Attorney of Nassau County, 9 (April 94)

article

“Late Payment? Don’t Cash That Check!” 5 Servicing Management 68 (June, 1994)

article

“When Fees Aren’t Enough – The Extraordinary Allowance In The Foreclosure Judgment”, New York Law Journal, June 15, 1994, at 5, Col. 2.

article

“Settling The Case: Are You Protected?”, 5 Servicing Management 21 (July, 1994)

article

“A Cooperative Loan Default – Pursuing A Mortgage Foreclosure Strikingly Unlike Any Other”, New York Law Journal, July 27, 1994, at 5, Col. 2.

article

“Service by Publication vs. Filing Mandates”, Real Property Law Section Newsletter 22 (Summer 1994)

article

“Some Thoughts On Obtaining Surplus Monies”, Equity, The Journal of the Second Mortgage Profession 10 (September, 1994)

article

“You Can Claim Legal Fees, Correct?”, 6 Servicing Management 61 (Oct. 1994)

article

“Introducing Instability – What? Failure To Pay Is Not Mortgage Default? Since When? New York Law Journal, Sept. 28, 1994, at 4, Col. 2.

article

“The Assertion of Waiver and the Imposition of Good Sense”, New York Law Journal, Oct. 12, 1994, at 5, Col. 5

article

“Ahh…That Perplexing Sheriff’s Sale”, 6 Servicing Management 26 (Nov. 1994)

article

“Deficiency Judgments – Still a Morass”, 22 Real Property Law Section Newsletter 14 (Fall, 1994)

article

“The `Assignment of Rents’ Provision,” 6 Servicing Management 38 (December, 1994)

article

“A Foreclosure Settlement Story For The Second Mortgage”, Equity, The Journal of the Second Mortgage Profession 12 (December, 1994)

article

1993

“Receivership is an Effective Tool – Servicers Can Outwit the Crafty Delinquent Borrower,” 4 Servicing Management 6 (February 1993.

article

“Tips on ‘Process Service’ – Servicers Must Decide Who Should Be Notified of the Action,” 4 Servicing Management 7 (March 1993).

article

“Usury and the Purchase Money Mortgage – An Appellate Division Faux Pas(?)(!),” 21 Real Property Law Section Newsletter 4 (January 1993).

article

“Relying (or not) On Title Insurance in the Foreclosure Case – Some Practical Observations for Mortgage Lenders,” EQUITY – The Journal of the Second Mortgage Profession (March 1993).

article

“The Continuing Confusion In Eviction After Foreclosure,,” New York Law Journal, May 18, 1993, at 1, Col. 1.

article

“Before You Proceed With Foreclosure, Know Exactly What the Mortgage Says,” 4 Servicing Management 28 (June 1993).

article

“How to Deal with Incorrect ‘Answers’ – Servicers Can Put A Wayward Case Back on Track,,” 4 Servicing Management 29 (July 1993).

article

“1st Mortgage vs. Condo Lien,” New York Law Journal, June 16, 1993, at 5, Col. 2.

article

“Settling the Foreclosure Case in New York – A Change in Strategy,” EQUITY – The Journal of the Second Mortgage Profession (June 1993).

article

“A Most Frightening Scenario, Mysterious Case Of The (Un) Satisfied Credit Line Mortgage,” New York Law Journal, August 18, 1993, at 5, Col. 2.

article

“Let Defaulters Know The Payment’s Due, Failure To Accelerate The Mortgage Can Complicate The Foreclosure,” 5 Servicing Management 19 (September 1993).

article

“When A Lender Might Have To Sue The Notary Public”, EQUITY – The Journal of the Second Mortgage Profession (September 1993).

article

“The Remedy Of Acceleration, Revisited, The Device Can Be A `Critical Persuader’ In The Servicer’s Arsenal”, 5 Servicing Management 30 (October 1993).

article

“How Carefully Drawn Do Your Mortgage Documents Need To Be”, 21 Real Property Law Section Newsletter 13 (Summer, 1993).

article

“Killed By Kindness – The Perils Of The Long, Drawn Out Settlement Discussion”, New York Law Journal, October 13, 1993, at 5, Col. 2.

article

“Who’s Going To Pay The Broker? – Servicers Could Be Liable For A Commission At A Foreclosure Sale”, 5 Servicing Management 27 (November 1993).

article

“That Thorny Late Answer In The Foreclosure Case”, 21 Real Property Law Section Newsletter 26 (Fall 1993).

article

“How The Good Guys Lost – The Continuing Trap Of The Deficiency Judgment Dictates”, New York Law Journal, December 15, 1993, at 5, Col. 2.

article

“You Can Enforce The Mortgage Interest Rate Upon Default”, EQUITY, The Journal Of The Second Mortgage Profession 14 (December 1993).

article

1992

“First Mortgage vs. Condominium Common Charge Lien – In Legal and Political Battle,” 64 New York State Bar Journal 34 (January 1992).

article

“Those Insidious Claims of Oral Representation – Some Emerging Comfort for Lenders,” 20 Real Property Law Section Newsletter 1 (January 1992).

article

“Are There Bargains in Buying at Foreclosure Sales?,” 16 Financial Freedom Report 32 (February 1992).

article

“When the Senior Forecloses – Some Observations Upon Protecting the Second Position,” EQUITY – The Journal of the Second Mortgage Profession (March 1992).

article

“Some Not So Desultory Observations on Extra Notice Requirements in Real Estate Litigation,” 20 Real Property Law Section Newsletter 2 (April 1992).

article

“Loose Lips Sink Mortgages – Revisiting the Danger of Oral Agreements in the Workout/Foreclosure Case,” 20 Real Property Law Section Newsletter 3 (July 1992).

article

“Federal Government Liens in the Foreclosure Case – What You Need to Know,” EQUITY – The Journal of the Second Mortgage Profession (September 1992).

article

“Interest on the Foreclosure Judgment – An Unfolding Drama,” 20 Real Property Law Section Newsletter 4 (October 1992).

article

“Relying (or not) On Title Insurance in the Foreclosure Case – Some Practical Advice,” MBA of New York News (Fall 1992).

article

1991

“Eviction After Foreclosure – Has Self-Help Arrived?,” 19 Real Property Law Section Newsletter 22 (January 1991).

article

“Settling the Mortgage Foreclosure – A Lender’s ‘How To’ Perspective,” EQUITY – The Journal of the Second Mortgage Profession (June 1991).

article

“Blessed Clarification: First Mortgage vs. Condominium Common Charges,” 19 Real Property Law Section Newsletter 9 (July 1991).

article

“New Twists in the Mortgage Foreclosure Arena,” 39 The Nassau Lawyer 16 (September 1991).

article

“A New Look at RPAPL Section 1351 Relief – A Treat for Lenders,” 19 Real Property Law Section Newsletter 7 (October 1991).

article

“To Foreclose or Sue on the Debt – Law and Strategy to Help You Decide,” EQUITY – The Journal of the Second Mortgage Profession (December 1991).

article

1990

“Appointing and Paying Receivers in the Mortgage Foreclosure Action,” 62 New York State Bar Journal 34 (January 1990).

article

“Critical Strategy When a Lender Holds Two Mortgages on the Same Property,” EQUITY – The Journal of the Second Mortgage Profession (June 1990).

article

“Critical Strategy When a Lender Holds Two Mortgages on the Same Property,” 18 Real Property Law Section Newsletter 21 (July 1990).

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1989

“Trial by Fire – A Lawyers Introduction To The Law”, The Nassau Lawyer 2 (October 1989).

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“The Danger of Desultory Negotiations Before Foreclosure,” 17 Real Property Law Section Newsletter 4 (January 1989).

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“Eviction After Foreclosure – Who Stays and Who Doesn’t,” 61 New York State Bar Journal 50 (January 1989).

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“More on Waiver of Foreclosure – Emerging Solace for Mortgagees,” 17 Real Property Law Section Newsletter 27 (April 1989).

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“Mortgage Foreclosure Settlement Strategies (With Forms),” 5 The Practical Real Estate Lawyer 35 (May 1989). Reprinted, The Practical Real Estate Lawyer’s Forms Manual Number One (May 1991).

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“Avoiding Waiver of Foreclosure – The Lender’s Hidden Enemy,” EQUITY – The Journal of the Second Mortgage Profession (June 1989).

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“A New Look at Sanders v. Palmer and the Multiple Mortgage Situation – Less Cause For Alarm?,” 17 Real Property Law Section Newsletter 8 (July 1989).

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“Wither the Deed in Lieu of Foreclosure – The Problem of a Deed as a Mortgage,” 17 Real Property Law Section Newsletter 20 (October 1989).

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1988

“Counsel Can Avoid Contract and Closing Pitfalls Part II,” 35 The Nassau Lawyer 5 (January 1988).

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“How to Manage a Successful Foreclosure,” 171 The Bankers Magazine 45 (May/June 1988).

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“Attorneys’ Fees in Mortgage Foreclosure; Who Pays and Who Doesn’t,” 60 New York State Bar Journal 26 (July 1988).

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“A Lender’s Guide to Mortgage Foreclosure: A New Look,” 18 Real Estate Review 43 (Spring 1988). Reprinted, National Second Mortgage Association Equity (September 1988).

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“Strict Acceleration in New York Mortgage Foreclosure – Has the Doctrine Eroded?,” 8 Pace Law Review 475 (Summer 1988).

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“Mortgage Foreclosure Strategy and Basics,” 2 Probate and Property 14 (September/October 1988).

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1987

“Acceleration – The Key to Foreclosure,” National Second Mortgage Association Equity (March 1987).

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“How to Draft a Real Estate Brokerage Agreement (with Form),” 3 The Practical Real Estate Lawyer 45 (March 1987).

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“Accelerating the Mortgage When the Building is Demolished,” 15 Real Property Law Section Newsletter 3 (July 1987).

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“Tightening Your Mortgage Documents,” National Second Mortgage Association Equity (September 1987).

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“When the Seller Gives a Purchase Money Mortgage – A Lawyer’s Primer on Advising the Client,” 59 New York State Bar Journal 7 (November 1987).

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“Counsel Can Avoid Contract and Closing Pitfalls,” 35 The Nassau Lawyer 4 (December 1987).

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1986

“Due on Sale in New York: Clearer with Time?,” 58 New York State Bar Journal 27 (May 1986).

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“Can the Lender Enforce the Due-on-Sale Clause in a Mortgage?,” 151 American Banker 128 (July 1, 1986).

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“How to Protect Mortgage Value with Astute Mortgage Drafting (With Forms),” 2 The Practical Real Estate Lawyer 55 (May 1986).

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“Protecting the Loan – Aggression or Compassion,” National Second Mortgage Association Equity (September 1986).

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“Real Estate Binders Revisited – Still A Trap For The Unwary,” 58 New York State Bar Journal 16 (November 1986).

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1985

“The Dangers of a Mortgagor’s Tax Default to an Existing Mortgage,” 1 The Practical Real Estate Lawyer 63 (January 1985).

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“Protecting the Appraisal Through Mortgage Foreclosure,” 8 Appraisal Review & Mortgage Underwriting Journal 57 (Summer 1985).

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“Perfecting Foreclosures,” 31 Real Estate Weekly 45 (June 17, 1985).

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“Selling Public Property – How to do it Right,” 67 Public Management 9 (September 1985).

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“Public Contracts: Rejecting the Irresponsible Bidder -Part II,” 57 New York State Bar Journal 43 (October 1985).

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“Preserving Investments Through Careful Drafting,” 46 Mortgage Banking 12 (October 1985).

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1984

“The Irresponsible Bidder on Public Works Contracts,” 115 Public Works 75 (March 1984).

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“Enforcing the Mortgage: Strategies for Preserving the Investment,” 7 Real Estate Outlook 3 (Fall 1984).

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“The New ‘Truth in Heating Law’ is a Trap for Lawyers and Clients,” 32 The Nassau Lawyer 2 (October 1984).

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“How to Soften the Impact of Dread Default,” 149 American Banker 203 (October 15, 1984).

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“When the Mortgagor Defaults in Real Property Taxes,” 56 New York State Bar Journal 24 (December 1984).

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“Truth in Heating law is a ‘Trap’ for Consumers”, The Builder 9 (December 1984)

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1983

“Attorneys Urged to Fight Form Contract by Brokers”, 31 The Nassau Lawyer 1 (September 1983).

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“Lawyer Raps Form Contract, Takes LIBOR’s Position to Task”, The Builder 7 (November 1983).

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“Representing the Mortgagor: Can the Mortgage Be Saved? Part I,” 55 New York State Bar Journal 14 (February 1983).

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“Can You Call the Mortgage for Taxes?,” 29 Real Estate Weekly 27 (February 7, 1983).

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“Real Estate Tax Collections in Bankruptcy – a Disaster for the Municipality,” 24 The Municipal Attorney 2 (March/April 1983).

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“Foreclosure and the Managing Agent,” 48 Journal of Property Management 42 (March/April 1983).

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“Mortgage Foreclosure Costs and Legal Fees for the Lender,” 29 Real Estate Weekly 32 (March 14, 1983).

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“Can The Mortgage Be Saved? Part II,” 55 New York State Bar Journal 26 (April 1983).

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“Finality of Engineers’ Decisions in Public Works Construction,” 114 Public Works 51 (April 1983).

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“Can the Mortgage Be Accelerated for Unpaid Taxes?,” 13 Real Estate Review 61 (Summer 1983).

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“Are Private Sector Bankruptcies Breaking the Public Bank?,” 98 American City & County 31 (August 1983).

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1982

“Receiver’s Commissions in Foreclosure Actions,” 29 The Nassau Lawyer 134 (January 1982).

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“A Lender’s Guide to Foreclosure Actions,” 29 The Nassau Lawyer 302 (May 1982).

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“Mortgage Foreclosures: A Need for Outside Counsel?,” 29 The Nassau Lawyer 360 (June 1982).

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“Managing Property for a Receiver,” 47 Journal of Property Management 34 (July/August 1982).

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“A Guide to Mortgage Foreclosure Strategy and Mechanics,” 28 the Practical Lawyer 11 (June 1982).

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“Defending Against Foreclosure Actions,” 12 Real Estate Review 57 (Fall 1982).

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“Those F.H.A. Mortgages: They’re Throwing Money Away Again,” 29 Real Estate Weekly 6 (September 13, 1982).

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“Real Estate and Truth in Heating,” 29 Real Estate Weekly 21 (December 27, 1982).

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1981

“Compensating the Receiver in Foreclosure Actions,” 53 New York State Bar Journal 276 (June 1981).

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“A Lender’s Guide to Foreclosure Actions,” 11 Real Estate Review 55 (Fall 1981).

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“Mortgage Foreclosures: A Need for Outside Counsel?,” 42 Mortgage Banking 78 (October 1981).

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1980

“Those Dangerous Real Estate Binders,” 27 The Nassau Lawyer 223 (March 1980).

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“Real Estate Brokerage Agreements,” (with Herman L. Pedowitz) 28 The Nassau Lawyer 13 (October 1980).

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1979

“Real Estate Binders – Lawyer Beware,” 51 New York State Bar Journal 550 (November 1979).

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1977

“Defending Against Mechanics Liens,” 24 The Nassau Lawyer 383 (June 1977).

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“Military Contract Litigation – A Primer,” 23 The Practical Lawyer 41 (December 1977). (Reprinted in 1977 Yearbook of Procurement Articles, Federal Publications, Inc.).

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“Contracts Let in Violation of the Competitive Bidding Statutes Or Let The Bidder Beware,” (with Eugene Schaffel) 25 The Nassau Lawyer 131 (December 1977).

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1976

“Mechanics’ Liens,” 24 The Nassau Lawyer 77 (November 1976).

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“Mechanics’ Liens – Public,” 24 The Nassau Lawyer 124 (December 1976).

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1975

“Reletting the Abandoned or Defaulted Public Works Contract in New York – To Bid or Not to Bid,” 3 Fordham Urban Law Journal 451 (Spring 1975). (Reprinted in 1975 Yearbook of Procurement Articles, Federal Publications, Inc.; reprinted in 375 N.Y.S.2d Advance Sheet #4).

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“When the Subcontractor Fails to Perform – The Notice Problem,” 21 The Practical Lawyer 85 (April 1975).

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1974

“The New Jersey Surety Bond in the New York Courts,” 46 New York State Bar Journal 605 (December 1974).

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1968

“The NLRB’s Excelsior Doctrine, A Critical View,” 5 Industrial and Labor Relations Forum 3 (November 1968).

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1966

“Arbitration: Under Management’s Critical Eye”, 3 Industrial and Labor Relations Forum 89 (May 1966)

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