Surprise In A Foreclosure Defense

Bruce J. Bergman, head of the commercial foreclosure department here at Berkman Henoch published an article on August 25, 2021 in the New York Law Journal entitled “Can Laches Ever Defeat a Mortgage?”.  While the innumerable defenses to a mortgage foreclosure action can be an obscure subject, laches is a doctrine frequently invoked by defaulting borrowers although almost invariably rejected by the courts.  The new case, however, presented a rare situation where the doctrine was adopted by the courts, and Mr. Bergman’s article explains the relationship of that decision both as a practical and legal matter to established principles.

Can Laches Ever Defeat A Mortgage.NYLJ.August 25 2021 At 5 Col. 2