#New York Statute of Limitations on Foreclosures

[mfi-miami]

The New New York Foreclosure Law. Does It Help You?

The New New York Foreclosure Law Is Retroactive: What It Means To You If You Are Facing Foreclosure A new New York foreclosure law went into effect on January 1st. Governor Kathy Hochul signed the Foreclosure Abuse Prevention Act right before the stroke of midnight on New Years Eve. The new law takes effect immediately. The law is a big win for homeowners. However, lenders and banks are far…

[bestlawfirminanekeny-blog]

Real Estate Attorneys

Have you decided to take the big step of buying a home or selling your valued property? No matter if your recent purchase is bigger or small, buying or selling real estate isn’t a simple process. There are many laws that dictate the specifics that most of you aren't acquainted with.

In such a case, a real estate attorney comes handy. You should consider hiring an experienced real estate agent to guide you through the legal process in the real estate industry. For any real estate expertise in Iowa, you should consider hiring Mark Gray – the best law firm in Ankeny.

Who are Real Estate Attorneys?

Real estate attorneys or real estate lawyers are legal professionals who specialize in the legal aspects of buying and selling real estate properties. A real estate lawyer may assist in many transactions associated with the transfer of property.

Many states in the US require the presence of a real estate during the transaction of real estate property namely

·         Alabama

·         Connecticut

·         Delaware

·         D.C

·         Florida

·         Georgia

·         Kansas

·         Kentucky

·         Maine

·         Maryland

·         Massachusetts

·         Mississippi

·         New Hampshire

·         New Jersey

·         New York

·         North Dakota

·         Pennsylvania

·         Rhode Island

·         South Carolina

·         Vermont

·         Virginia

·         West Virginia

 Although your state may not require a real estate attorney to be present during the time of the transaction you will still be required to hire one to assist you with legal formalities and processes. Consider the best law firm in Ankeny for real estate expertise in Iowa. Keep in mind that having someone who is experienced with the law on your side may help you avoid any legal problems that can cause delays to your closing, and save you money in the long run.

Why do you need a Real Estate Attorney?

According to Iowa State Law, you can purchase and/or sell a residence by using a real estate licensee. Licensee is basically a salesperson or broker. However, a licensee can only help you during the transaction.

There are real estate documents that cannot be prepared by real estate licensees. Essential documents such as deeds, installment contracts, etc. are to be prepared by a real estate attorney. Realtor, Real estate licensee, agent, and attorney play different roles to assist you in the purchase or sale of your property.

·They document and review real estate transactions, including purchases,       leases, inspections, and appraisals.

·They help to resolve title insurance and environmental issues related to real     estate law.

·When things take a wrong turn in transactions, real estate lawyers step in to file  and defend lawsuits in court. They also assist in dealing with the legal aspect of  rental property and defend the rights of owners, landlords, renters, and tenant.

·They also specialize in land use, zoning, property development, property taxes,  deeds, titles, and foreclosure.

 Why would you need a Real Estate Attorney?

Although they specialize in and apply their legal skills to matters related to real property, there are some essential things they broadly cover.

a.   Buying

Buying a new home or a property can be a serious task that requires an acute sense of expertise, especially for first-time buyers. After you’re done meeting realtors or agents and decide to buy a new property, you should consult with the real estate attorney to expedite the buying process. A real estate lawyer can help you understand the purchase agreement, prepare and process all legal documents, review closing documents prior to signature, and ensure that you receive the valid registered ownership of the new home.

According to IowaRealtors.com, Home sales grew by 3.2% in 2017 with 44,023 homes sold compared to 42,671 in 2016.

b.   Selling

Like buying, selling can be a daunting task that requires a sound knowledge of the market, taxes levied on selling properties, agreements and other legal documents. Although it isn’t necessary to place a real estate agent during the transaction in Iowa, you would still require their expertise to ease the process.

A Real estate attorney can help you draw up legal documents, review any essential document that requires a signature, arrange for the transfer of deposits/security, and make arrangements for insurance verification. Although a lawyer performs fewer duties in the selling of a property than in the buying process, you would still require their expertise.

May 2019 Property Market Indicators for the State of Iowa

New Listings increased 5.4 percent for Single-Family Detached homes but decreased 2.8 percent for Townhouse-Condo homes. Pending Sales increased 1.1 percent for Single-Family Detached homes but decreased 10.1 percent for Townhouse-Condo homes. Inventory increased 4.5 percent for Single-Family Detached homes and 1.7 percent for Townhouse-Condo homes. (iowarealtors.com)

c.   Benefits

Other than just buying and selling homes, real estate attorneys are beneficial for many reasons. They can be your front guy during any transaction. Their legal expertise and authority can help ease lots of processes.

They can also help simplify the legal jargons involved with real estate, tax, and state laws to make the process much less stressful.

Real estate lawyers may also help ensure that the client is legally covered (financially secured) during the entire deal.

According to the new state law authorized in 2018, Iowa will offer a 10-Year Tax-deductible saving account to go towards the purchase of the first home in Iowa.

d.   Expense

Real estate attorneys do not come cheap. The clean and easy finish of work requires great expertise and effort that comes for a price. Attorneys can differ in their pricing strategy that is determined by the kind of deals they’re involved in. Some may charge flat fees while others may charge by the hour.

Be prepared to pay them a fee nonetheless. Most attorneys require payment regardless of whether the deal closes or not. Although retaining an attorney for real estate deals can be an added cost, the benefits far outweigh the costs and could save money in the future.

Most attorneys charge on an hourly basis, while others may charge for the whole process. The fringe charges may range from $150-$300.

Be prepared to pay anything from the US $500 - $1500 for a wholesome attorney job.

Real Estate Issues while Buying a Home

There are many issues that you must consider when purchasing a residence. These can apply when you purchase a property without the assistance of a realtor as well as FSBO 'For Sale by owner.'

The cost of living in Iowa is 89.5, i.e. Iowa is cheaper than most other states in the U.S. The median home price in Iowa is $141,000.

i.Offer and acceptance or real estate sales contract

Under the real estate law of Iowa, a contract for the sale of the home is only binding if it is in writing signed by the parties. Since the sale often involves a huge sum of money and the legal issues can be complex, hiring an attorney to review the sales contract becomes essential.

ii.Disclosure Requirements

A seller is required to submit the ‘Residential Property Seller Disclosure Statement form’ in accordance with the law of Iowa to the buyer once the buyer tenders an offer to purchase a house. It should be completed by the seller to the best of their knowledge. Both buyer and seller during the time of the transaction or before should sign two copies of the form and each should retain a signed copy for any future legal complications.

iii.Closing Process

Once an offer to purchase is accepted, the seller will need to locate the abstract of title for the real estate and get it updated and extended by an abstract company. The abstract lists all of the documents (e.g., deeds, mortgages, etc.) that are part of the public record at the county recorder’s office, the courts, and other government offices that affect title to the property.

iv.Closing Statement

If you’re a Buyer, and you have a lender who is providing financing then normally the lender will prepare a closing statement that reflects the purchase price, applicable credits (like accrued taxes, transfer taxes, earnest money, etc.), and the amounts due to seller at closing.

For Tax Purpose

The property taxes paid in September and March each year are actually for the prior fiscal year ending June 30 hence property taxes are always one year behind. Accrued and prorated property taxes are normally taken as a credit by the buyer against the purchase price.

v. Pre-closing

The condition of the title (as shown in the abstract) can change between the date and time of the last extension of the abstract, which is usually recited in the title opinion, and the date of closing. As part of the closing, buyers should obtain from the abstract company an oral update summarizing whether there have been any changes to the condition of title.

vi.Post-closing

After closing, the buyer or the buyer’s lender will want to record the deed, DOV, and GWHS. The abstract should be kept by the buyer or their lender.

 The above details are furbished from the source IowaBar.org

 Did You Know about Iowa Homestead Law?

Buying a new home also comes with the possibility of losing it. Especially when you don’t have money and creditors come calling. The primary concern should be saving your home. The Hawkeye state homestead protection laws of Iowa is designed to protect citizens from losing their homes in the event of a bankruptcy. These statutes allow a person in debt to set aside a specific amount of real property, referred to as a "homestead," that would be off-limits to certain types of creditors. The Hawkeye State allows citizens to set aside 40 acres of rural property or a half-acre of urban property under its homestead protections and caps the value of the protected personal property at $500.

  Mark Gray Law Firm

Mark Gray Law Firm is a law entity practicing in the state of Iowa and is regarded as the best law firm in Ankeny. Located uptown, the lawyers with Mark Gray firm solely work with clients to buy, sell and develop both residential and commercial real estate.

We provide a wide range of legal and consulting services including, but not limited to, review and preparation of agreements, negotiations, and closings. We provide advice on the ownership of farm real estate and other commercial real estates.

Highlighted Services

·         Title Opinions

·         Review and preparation of purchase agreements

·         Review and preparation of leases and other documents

·         Closing services

·         Advice and coordination with respect to 1031 transactions

·         Formation of business entities for real estate holdings

·         Advice and assistance with respect to real estate ownership

·         Real Estate planning

[mfi-miami]

New York State Lawmakers Push 6-Year Statute Of Limitations

New York State Lawmakers Push 6-Year Statute Of Limitations

New York State Lawmakers Poised To Restore 6-Year Statute Of Limitations On Foreclosures Before The End Of The Session New York State lawmakers are pushing to restore the six-year statute of limitations on home foreclosures. Last year, New York courts also gave flexibility to lenders and their deadlines. The Foreclosure Abuse Prevention Act (FAPA) is waiting the signature of Governor Kathy…

[wedesignyouny]

Why is My Bank Reopening My Old Foreclosure Case ?

Why is My Bank Reopening My Old Foreclosure Case ?

Do you live in New York and have a foreclosure suit in your past (initiated more than 6 years ago) that was voluntarily dismissed? Thanks to the recent Engels Decision, your lender may be able to re-start its case against you despite the many years that have passed. But first, you need to understand some legal terminology.

What is Loan Acceleration/De-acceleration?

If you read through your mortgage documentation, you may come across a clause that states that if you stop paying your mortgage payments, your lender has the right to ask for all the money you owe them at once and in one lump payment. This is called acceleration because the lender is accelerating the time between when the loan was signed and when the full payment will be expected to be completed. 

If your lender has started a foreclosure suit against you, the loan would be considered accelerated. However, if you were able to negotiate with the lender, and started your payments again, the loan would be considered de-accelerated because you are once again able to pay the debt over a longer period of time. Once a loan is de-accelerated, your foreclosure case would be considered voluntarily dismissed.

What is the Difference Between a Voluntary and Involuntary Dismissal?

There are two types of dismissals of foreclosure cases:

A voluntary dismissal is when your lender stops the foreclosure suit against you on their own. An example of this is what happens if you successfully negotiate with your lender to re-pay or re-organize your loan.

An involuntary dismissal is when the court decides against your lender and dismisses their case against you. For example, if your lender didn’t do the correct paperwork beforehand, the court can rule against them.

How Did the Statute of Limitations Work in Foreclosure Cases Prior to the Engels Decision?

From the time a lender decides to accelerate your debt, the statute of limitations in New York gives them six years to start the process by actually filing the complaint with the court. For example: if your mortgage lender accelerates your debt and sues you in 2014, and then the case was dismissed (either voluntarily or involuntarily because pre-Engel it did not make a big difference) in 2019, your lender usually couldn’t sue you again in 2021. This was because the courts considered your original acceleration (2014) to be the starting date of the six-year statute of limitations, and 2021 was over the time limit.

Needless to say, banks and lenders weren’t happy with this limitation. There were multiple arguments and cases in the court system all about the timing of when the six-year statute of limitations countdown actually started. They were especially upset that the countdown wasn’t restarted after a voluntary dismissal.

What Does the Engel Decision Change?

The Engel Decision (Freedom Mortg. Corp. v. Engel) was a Court of Appeals of New York decision that was actually based on four different cases – all having to do with the six-year statute of limitations, and the concept of acceleration and de-acceleration when it comes to residential foreclosure. Specifically, when does the “clock” start or stop?

What the Engel Decision mandated is the statute of limitations starts the clock on the date of the latest suit that was voluntarily dismissed, not the date of the original case. 

Using the example above, if your foreclosure suit started in 2014, and was voluntarily dismissed in 2019, your lender can NOW start a new case, using 2019 as the date of the last proceeding, because the 2019 case was a voluntary dismissal, and so the clock was restarted.

Note – the Engel Decision did not cover involuntary de-accelerations. Your foreclosure attorney maybe able to use the pre-Engel statute of limitations defense to fight your case if your last court decision was an involuntary dismissal.

What is The Foreclosure Abuse Prevention Act?

A number of New York housing advocates were concerned that unscrupulous lenders could use the Engel Decision to their own advantage. So several representatives created the Foreclosure Abuse Prevention Act. The justification of this bill was:

Engel effectively put the ability to unilaterally… stop, and restart the limitations period… at will, directly in the hands of mortgage foreclosure plaintiffs and their servicers, to the clear detriment of New York homeowners… As a direct result of Engel, …courts …have been bombarded with a flurry of motions made by mortgage lenders and servicers to re-open cases, some having been dismissed years ago on statute of limitations grounds, on the basis that Engel represents a change or clarification in the decisional law that, in effect, not only exempts mortgage foreclosure plaintiffs from having the statute of limitation applied to them, but gives them unilateral and unbridled control to manipulate calculation of the six-year period…

The bill passed both houses of the New York State Senate and is currently being reviewed by Governor Hochul. 

What to Do Next

We do not know if the Foreclosure Abuse Prevention Act will pass or in what form. In the meantime, if your older foreclosure case is being re-opened, you are going to need a lawyer by your side with extensive experience in foreclosure defense law. Foreclosure statute of limitations is not the only weapon a good foreclosure attorney can use. 

For a free consultation, reach out to New York foreclosure lawyer Ronald D. Weiss, P.C. . He can tell you what you need to know about fighting a foreclosure lawsuit and help you get your case started. Call 631-303-3765 and take the first step to a fresh start.

[esqmelaw]

Tips for Conquering the New York State Courts Electronic Filing System (NYSCEF) – for Supreme Court

By: Kayla E. Bargeron June 13, 2017

1.     What documents do you need to e-file?

 In an action subject to mandatory e-filing, filing and service of all documents in the action must be done through the NYSCEF website.[1] All documents is understood to mean, any document that requires proof of service, and all documents that are filed with the court. All actions commenced in Supreme Court after August 31, 2015 are subject to mandatory e-filing except: matrimonial actions, election law proceedings, article 70 or 78 proceedings, mental hygiene law proceedings, specified residential foreclosure actions, and proceedings related to certain consumer credit transactions, all of which require consent to participate in electronic filing of documents.[2]

Unless your action fits into one of the delineated exceptions listed above, it is subject to mandatory e-filing and must be commenced by filing the initiating documents with the County Clerk through the NYSCEF website.[3] However, there are a few exceptions for commencing an action that would normally be subject to mandatory e-filing, where required by statute, or by court order. Furthermore, if you are having computer trouble and can establish in an affidavit that the statute of limitations for your action will expire that day or the next day, you may file hard copies of your initiating documents with a copy of your affidavit with the County Clerk in person.[4]

However, the general rule of thumb is that once an action is commenced, unless you are unable to access a computer or possess an inability to operate a computer,[5] all documents that would otherwise require proof of service or must be filed with the court, will have to be e-filed. Keep in mind, most if not all judges require working copies of motion papers, so make sure you always check the court and judge’s rules when e-filing a motion because most likely you must also file a hard copy with the Court before the return date. Instead of a traditional affidavit of service, you will attach a copy of the NYSCEF confirmation of filing notice for your motion.

2.     What happens if you properly e-file a document, but do not serve it otherwise?

The initiating documents, i.e. summons and complaint, petition, must be e-filed and served pursuant to the CPLR. But, unless statute, court order, or some other authority requires you to serve the document separately, any document filed after all parties appear, does not have to be served after it is e-filed. E-filing documents through the NYSCEF website constitutes service in all actions subject to e-filing.[6] All parties listed on the e-filing website will receive e-mail notifications when any changes are made to the case, via the NYSCEF website. For this reason, it is crucial to make sure that your contact information is up to date on the NYSCEF website, for all of your e-filing cases.

3.     What happens if you e-file the wrong document into a case, file a document into the wrong case, or label a document with the wrong title?

Mistakes are bound to happen at some point, but fear not, they are fairly easy to fix. If you e-file the wrong document into a case, a simple call to the County Clerk will fix all of your problems. The Clerk can return the document for correction, and you will have the ability to log back into your NYSCEF account, access the case in question, scroll down to the line number that was wrong, and click the bright red button that says “file corrected document.”

If you file a document into the wrong case, it is also fixed by a call to the County Clerk. In this situation they will delete the wrongly filed documents and it will result in the number for that document being struck from the case, and will appear with a line crossing it out. For example, if document number 28 was filed incorrectly, document 28 will still show up, but it will be crossed out and no party will be able to access copies of that document. The subsequently filed documents in that case will then be filed as document number 29.

If you label a document with the wrong title, the solution is even simpler, but it still involves a phone call to the County Clerk. In this situation, the Clerk can actually go into the document and correct the label for you.

Keep in mind that most, if not all, of the County Clerk’s offices have e-filing departments, so the quickest way for you to solve your minor errors is to contact the County Clerk’s e-filing department.

4.     What happens if you properly serve a document, but forget to e-file it?

To avoid having to deal with this problem, it is good practice to always e-file documents first. The moment they are completed, e-file them, and then if you do desire to provide courtesy copies to your adversary, you may, but you will not have to worry about service issues after the documents are e-filed. It is unclear how the Court’s will handle this situation. However, it will depend on what the document is. For example, you must e-file the summons and complaint before you serve it because the action does not commence until e-filing. Furthermore, you must e-file proof of service of the summons and complaint timely after service of the documents, as required by the CPLR. If you forget to e-file your proof of service, you must ask the court, upon motion, for leave to file it late. If you serve, but fail to file other documents, such as motions, as soon as you realize this happened, e-file the motion papers and an affidavit of service. Next, try to see if your adversary will stipulate to having received the documents. There are two ways the courts can handle this situation; either permitting you to proceed as originally planned on your chosen return date, or adjourning the motion out based upon when it was actually e-filed to ensure that your adversary had proper notice and is not prejudiced in any way.

5.     Finally, remember that all documents that you e-file must be redacted for personal information, including birth dates and social security numbers.[7]

In the event that you forget to redact a document that contains sensitive information, don’t worry, if you call the e-filing Clerk and notify them that the document contains sensitive information, they can either mark the document returned for correction and permit you to upload a redacted document, or they can mark the document for restricted access.

Be careful when e-filing documents and make sure to redact or check the box when you are e-filing that says the document contains sensitive information. Courts take this very seriously; failing to properly protect client’s information can result in sanctions.  

I hope this helps you in your practice. I am a student at Brooklyn Law School and these are merely my observations based on my experiences. Nothing in this article should be construed as legal advice, please seek legal counsel before relying on any of this information.

[1] Administrative Order of the Chief Administrative Judge of the Courts AO/145/15, August 31, 2015; Uniform Civil Rules for the Supreme and County Courts Section 202.5-bb.

[2] A full description of the exceptions to mandatory e-filing can be found within the Uniform Civil Rules for the Supreme and County Courts Section 202.5-bb(a)(2)(i-vi).

[3] Uniform Civil Rules for the Supreme and County Courts Section 202.5-bb(b)(1).

[4] Uniform Civil Rules for the Supreme and County Courts Section 202.5-bb(b)(2).

[5] Uniform Civil Rules for the Supreme and County Courts Section 202.5-bb(e)(2) provides an option for represented parties to opt-out to mandatory e-filing if the attorney can show good cause, or that they lack the knowledge to operate computers, or do not have access to a computer.

[6] Uniform Civil Rules for the Supreme and County Courts Section 202.5-bb(c)(1).

[7] Uniform Civil Rules for the Supreme and County Courts Section 202.5(e).

[tissipropaganda]

BNY Mellon faces suit over foreclosures from the housing crash

Bank of New York Mellon faces a reckoning from residential foreclosure cases in New York that date back to the subprime mortgage crisis. The bank — along with its debt-collector partners Shellpoint Mortgage Servicing and law firm McCabe, Weisberg & Conway — are accused by a class-action lawsuit of systematically trying to foreclose on mortgages after the state’s six-year statute of limitations had passed. Mark Anderson, an attorney at the Queens-based law firm Shiryak, Bowman,

Source: https://therealdeal.com/2020/01/16/bny-mellon-faces-suit-over-foreclosures-from-the-housing-crash/

[jacquelynnadina]

Home-retention law firm provides legal guidance for mortgage pros

Gross Polowy focuses on the nuances of New York and New Jersey real property laws, mortgage foreclosures, statute of limitations issues and state business conduct rules for servicing mortgage loans in default. Above all, the firm considers itself a “home-retention” firm — serving clients as experts in home retention in every case possible. The practice also includes mortgage default litigation and appeals, legal compliance, creditors’ rights, home retention, title curative and related real estate matters. Home-retention law firm provides legal guidance for mortgage pros published first on Real Estate News

[debtlawyer]

Caselaw Update: Determining the Statute of Limitations in Mortgage Foreclosure Cases

New Post has been published on https://www.debtlawyer.com/caselaw-update-determining-the-statute-of-limitations-in-mortgage-foreclosure-cases/

Caselaw Update: Determining the Statute of Limitations in Mortgage Foreclosure Cases

Pursuant to New York’s Civil Practice Law and Rule § 213 (4), a foreclosure lawsuit in New York is governed by six-year statute of limitations. However, determining the starting point for how to compute the statute of limitations can be challenging. Typically, the promissory note underlying a mortgage is payable in installments, and each installment payment has its own statute of limitations that starts to run from the time each individual payment is due. See Nationstar Mortgage LLC v. Weisblum, 143 AD3d 866 (NY App Div 2d 2016). As a result, if a note holder delays in bringing a foreclosure lawsuit, a certain part of the mortgage note may be uncollectable. It is only once the mortgage is accelerated, meaning the entire balance of the mortgage note becomes due, that the statute of limitations begins to runs for the entire mortgage. See EMC Mortgage Corporation v. Patella, 279 AD2d 604 (NY App Div 2d 2001). The right to accelerate a mortgage note, is often an optional right given to the holder of the note, and can be initiated by two different methods. First, an acceleration notice may be sent stating − unambiguously − that the entire mortgage note is due or second, the holder of the mortgage note can file a foreclosure lawsuit. See Federal National Mortgage Association v. Melbane, 208 AD2d 892 (NY App Div 2d 1994)

The holder of the mortgage note has six years from the date of acceleration to start a lawsuit to foreclose on the subject property before it can be dismissed for being past the statute of limitations. See CPLR § 213 (4). The vast majority of mortgage holders will not wait a full six years before filing suit. However, every so often, a plaintiff discovers that there are issues in their case that prevent them from easily obtaining a final judgment of foreclosure and sale to auction a property only after the they file their foreclosure lawsuit. In this scenario, they may abandon their case or seek to amend their complaint. If they seek to abandon the case, the plaintiff would make a motion withdrawing their case. Alternatively, if the plaintiff fails to act, the case may be dismissed without prejudice by the Court. Mortgage note holders in this situation, may miscalculate the filing of a second (or third) foreclosure lawsuit and in doing so empower the borrower to dismiss the complaint and potentially discharge the mortgage. Creative mortgage note holders have attempted to argued that they are within the statutory period for bringing the lawsuit because they have “decelerated” the loan. In other words, those foreclosure plaintiffs say that the statute of limitations should be tolled because the loan was no longer accelerated and the full amount was no longer being demanded.

If a mortgage holder claims that they have decelerated a loan, a court must do a factual analysis to determine if they meet the requirements set forth in previous case law. First, deceleration requires “an affirmative act by the lender to revoke its election to accelerate.” Melbane. Next, when there is a deceleration notice sent Court must then look to see that it contains the same unambiguous intent required in acceleration notices. See Milone v. US Bank National Association, 2018 NY Slip Op 05760 (NY App Div 2d 2018). Furthermore, the court must look at whether the notice was pretextual and done simply to avoid a looming statute of limitations. See Ibid. When there is no deceleration notice, some lenders have argued that by stipulating to withdraw their foreclosure lawsuits, they have decelerated the loan. See NMNT Realty Corp v. Knoxville 2012 Trust, 151 AD3d (NY App Div 2d 2017).

Recently, the Second Department of the Appellate Division of the Supreme Court of New York has added an additional prerequisite condition to the “affirmative act” requirement where a mortgage note holder argues that the loan at issue has been decelerated. The Appellate Division held in Freedom Mortgage Corporation v. Engel, 163 AD3d 631 (App Div 2d 2018), that a stipulation does not “constitute an affirmative act to revoke [acceleration],” if it is silent on deceleration or does not indicate that the lender would start to accept installment payments again. With this holding the Court has made it harder for mortgage note holders to challenge a statute of limitations defense in New York. If a plaintiff in a foreclosure action is going to argue that their acceleration of the loan was revoked, they will have to meet very specific preconditions to meet the “affirmative act” requirement of Federal National Mortgage Association v. Melbane.

This case is a significant victory for New York homeowners in foreclosure with potential statute of limitations defenses. When evaluating whether a statute of limitations defense applies in a foreclosure matter, it is important to speak with an experienced foreclosure attorney who is familiar with the intricacies of this area of the law. If you have any questions regarding a foreclosure action, please feel free to contact the Law Offices of David I Pankin, PC at 888-529-9600 or by using our easy online contact form.

More Information:

http://www.courts.state.ny.us/courts/ad2/Handdowns/2018/Decisions/D55993.pdf

[jimdownsreingroupdarwin]

Home-retention law firm provides legal guidance for mortgage pros

Gross Polowy focuses on the nuances of New York and New Jersey real property laws, mortgage foreclosures, statute of limitations issues and state business conduct rules for servicing mortgage loans in default. Above all, the firm considers itself a “home-retention” firm — serving clients as experts in home retention in every case possible. The practice also includes mortgage default litigation and appeals, legal compliance, creditors’ rights, home retention, title curative and related real estate matters. from Lending https://www.housingwire.com/articles/49436-home-retention-law-firm-provides-legal-guidance-for-mortgage-pros via https://www.housingwire.com/rss

[mfi-miami]

How New York Homeowners Are Scoring Free Houses

How New York Homeowners Are Scoring Free Houses

How New York Homeowners Are Scoring Free Houses During Foreclosure Using New York’s Statute Of Limitations Law

New York homeowners are using a legal tactic to score a free house during foreclosure.

MFI-Miami and our partner law firms used to use a similar tactic in Florida. That was until the Florida Supreme Court stepped in with the Bartram decision. Now we can only argue standing and…

[mylovingbouquetearthquakewo-blog]

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i m little bit worried abt the insurance...

How can i make my truck engine more powerful?

i have an 05 ford ranger 3.0 6 cyl 4 wd and i want to make it more powerful. what parts or should i upgrade and what brands are reliable and cost effective. im only 16 and make about 500 bucks a month before taxes and insurance etc. so i really need the parts to be cost effective

Teens do any of you have any insurance?

Car insurance cell phone insurance life insurance health insurance renters insurance homeowners insurance Title insurance Troll insurance No matter what the product its good to have insurance AM I RIGHT?

Car insurance...?

Ok I have 2 choices here! I have only been driving 6 months so I have 0 no claims. I have just been bought a car and to add it on my insurance policy it costs 60 on top on the 45 I pay a month..(105 a month) for 5 more months til i get my 1 year no claims or for 70 a month I cant start again with a different company . what to do? ....

How much would it cost for someone to drive a moped?

other than the moped and gas how much would insurance usually cost for a 17 year old going on 18 to drive a moped and what kind of license will i need to have what kind of restrictions i have a clean driving record but if it helps i am in New York State.

What is the best car to buy with cheap insurance for a 17yo? ?

as above, UK only thanks in advance""

Car Insurance when you're 17?

I'm starting driving lessons soon, and hopefully wanting to pass my test by the time I'm 18 and get a car, can you pay car insurance monthly at 17 or do you have to wait until you are 18 to do this? I would just like to know for in the future :) thanks!""

Whats a good health insurance company for when the baby is born.?

Is there any inexpensive insurance companys. I am financialy not able to provide the best but I want to atleast have health insurance on the baby. I am looking at affordable. I live in North Louisiana.

""My car was broken into and things were stolen. If i file a claim with insurance, will my rates go up?""

I live in Hawaii, I went for a hike with 8 people that all went with my truck. When we all came back from the hike, my truck was broken into. Things were stolen such as ipods, cellphones, drivers license, etc. I filed a police report. If I file a claim with home ownership insurance or car insurance, will my rates go up monthly? I've been told different things like, If the car was not moving, the rates will not go up or They might . My car and home insurance is with Liberty Mutual, my deductible is 250$. Thank you. I'm calling them tomorrow on Monday since it's not a work day yet, but I'm anxious to see if I'll be able to get my friends belongings that were stolen payed for. That and my broken windshield ><""

How much will my car insurance be? 17 year old male?

I have been waiting forever to hear back from the insurance company with my quote and it got me curious on how much the average is for a 17 year old male who does not have the best grades but has a clean record and never been in any sort of trouble. I understand you cant know this from just guessing but I was just looking for some estimates so I had an idea on how much to safe for. Thank you to who ever answers!

Cheapest SR22 car insurance?

Can anyone recommend which auto place (ex: safe auto, geico, etc) has the cheapest SR22 insurance. I already know there's alot of different variables/situations but i just need an idea. I've only had 1 dui and it was 5yrs ago.""

I just purchased car insurance today?

So I just passed my test today and just purchased insurance from Bell over the phone, and my policy starts from Friday. I know I cannot drive until Friday. So say I was pulled over by police on Friday night, and I have to take documents to the police station, how do I prove to them that I have insurance? I don't have a piece of paper but I DO technically have insurance .. What do I do if I get pulled over?""

Health insurance provided by the state of Florida?

My brother is getting married at the end of february but he said they may have to cancel the wedding because his fiancs health insurance will kick her off if she gets married. Can an insurance company actually do that?

Can I fight this no proof of insurance ticket in the state of california?

I purchased my vehicle on 3/13/09 with insurance. I was stopped on 4/7/09 for no license plates and failure to prove financial responsibility i.e. no proof of insurance. Prior to that, the car dealer initially wouldn't even allow me to drive the car off the lot unless it was insured. Also, I hadn't received the insurance card in the mail from State Farm yet. I asked the officer (before he wrote the ticket) if he could identify my vehicle in his system to see that it is in fact insured, at which point he would not oblige. I obviously received the card a few days later and now have the card verifying insurance from 3/13/09 to the present date. Do I have a case here that can rightfully be reversed?""

What questions should i ask before getting LIFE Insurance?

Im about to get life insurance, but i dont know how it works. What are some questions i should ask the insurance agent before signing any papers? Please help!""

""What is the average cost of car insurance for a 25 y/o female, no accidents, no tickets, 2008 car.?""

Please help give me an idea of the cost for car insurance. Comprehensive vs. Collision? I'll be buying a 2007 or 2008 mid-range sedan (VW Jetta, Toyota Corrolla, etc.). I've never gotten in an accident or gotten a ticket. And of course, I'm a female :) Any help is appreciated! Thanks.""

Does anyone know of any life insurance companies that will let you take out a term life policy for one age 69?

My grandfather and I are really close. He keeps telling me that he wants me to get a insurance policy on him which makes me feel bad, because I get the feeling there's something else serious he is not telling me. If something happens to him I don't want to be in a situation where I can't afford to bury him & I know that that type of stuff is important to get taken care of. I have checked into it a little bit online, but from what I have read & been told....when someone is over the age of 65, life insurance companies will not let you get a term policy for someone that age. My grandfather is 69 years old and will be 70 yrs old this month. I really don't have a whole lot of money to pay for whole life insurance & believe that I can only afford to get a term life insurance policy. The problems I think I am going to have is that he smokes & is 69 yrs old. Does anyone know of any good insurance companies that will let me get term life insurance on him being that he is already 69 and smokes?""

car+insurance+quotes-+google+search

car+insurance+quotes-+google+search

Price of insurance?

I am deciding between a 2001 nissan altima with 58,000 miles and a 2000 nissan maxima with 82,000 miles for my first car. The altima costs $6800 and the maxima costs $7500(it has alloy wheels, leather, sunroof...). I am a 16 year old guy. I got a quote for $1700 a year for insurance on the altima already. How much more would insurance cost on the maxima since it is a v6 and the altima is a 4 cylinder? Thanks for the answers!!""

Will my insurance rate go up??PLZ HELP:(?

I was parked in front of a kroger at the parking lot ...I came out of the store and saw that my cars been hit! Its an 07 mustang gt i took it for an etimate it has damages worth 1300 I have full coverage insurance with a 500 dollar deductable I pay 110 a month for insurance I live in Michigan..will my rate go up? I mean i wasnt in the car i came out and it was hit?Also I have only one claim with my truck thats it and a perfect driving record no points ever.

Statute of limitations on no car insurance fine?

how long has to go by before statute of limitations is in effect after you have had a no insurance ticket handed to you and does this stand the same if you had hit another persons vehicle with the car that was uninsured.i live in calgary alberta and am unsure of how this statute works.i am not looking for a cop out of this.this occured 3 years ago and i was sent home under the condition that i show up for court.i was unable to show up for court because i had been kicked out of where me and my mom were living and tried to find a place for us.

Auto Insurance rates?

Is there a web site where I can see how a particular type of car rates for insurance vs another car?

Is it true that 2-door-car more expensive to insure than 4-door-car?

For an example, civic coupe (2 doors) and civic sedan (4 doors). I heard that all 2-door-cars will be considered as a sport car. However, some people say that it is not always that way. I personally won't consider civic coupe as a sport car because I think it isn't. Can someone please clarify this matter to me? Also, which insurance company do you think is the best to insure your car? thank you!""

""Car accident, driving record & Insurance?""

If car accident happended and insurance covered the damage, but at-fault violation is kept off the driving record with help of being first offender, then will it still affect car insurance rate even if switching previous insurance company to other? Do insurance companies share their custmer drivers' information?""

About how much will my car insurance increase...?

I recently received a speeding ticket for going 81/60. 4 points and 185$ fine...the officer said he would knock it down to 2 points and 80$ fine if i showed up to court. I'm 19, I live in S. Carolina, and I pay 195$ a month for a 2004 mazda6. Does anyone have an estimate on how much 2 points will raise my rates? Note: This is my second ticket; my first was an Improper start from start, no points 155$ fine. Thanks so much!""

Temporary Car insurance?

I just got my first car (I'm 17 years old) and I need it to go to school which is a good 80 miles away. On top of that I need to find a job which I couldn't do because I didn't have a car. However I can't drive my car because it doesn't have any insurance on it and the insurance is incredibly expensive. For now I just need it to go job hunting. Is there such thing as a temporary car insurance or maybe a waiver for students or SOMETHING that I can use?

Can I register and insure a car with a suspended license?in tampa Florida?

Can I register and insure a car with a suspended license?in tampa Florida?

How much is car insurance for a teenager?

If the teenager is added to the parents policy, how much more will it cost the parent? Info: I have a good gpa, I will take drivers ed, my mom has a new car and its safe, and I have just turned 16.""

How much is car insurance on a 2002 mustang convertable?

How much is car insurance on a 2002 mustang convertable?

Couple questions on cars and insurance..?

Here are a list of questions i appreciate being answered.. Why would your car be stopped if your taxed and insured? Could I use my name and everything on the insurance but change a couple of details like age and stuff? Ways to make insurance cheaper? Could I use my dads insurance and use his details? WHat does a provisional licence allow me to do? This is because i have been looking into buying a Range Rover sport on a finance with my dad but the insurance has come to 17 grand!!! I am 17 with a provisional.

Dental insurance?

Hi, i'm looking for a good dental insurance and a good dentist in philadelphia.""

What are friends with benefits? Do they provide health insurance coverage?

What are friends with benefits? Do they provide health insurance coverage?

If a person has previous damage from nicks on a car door and try to say you did it will insurance pay?

My next door neighbor is trying to say my car door nicked hers when I got out of the car. I saw nicks on her door before I even opened mine. Now she wants to turn this into the insurance and file a claim. This was on private property, so I am not sure about it. My insurance company says an adjuster will be able to tell how long she had damage. I do not have any paint transfer on my car at all. Just unsure if this will affect my rates.""

""On average, how much is car insurance for a 17 year old in AMERICA?""

I live in the UK where it is a RIP OFF!! I'm 17 and i recently got a car insurance quote for a 1.4 VW Golf and it was like 3000 (around $4600). And that just for a 1.4 engine car. What's it like in America?? What engines do young drivers usually buy in a car and how much is it over there? On TV and that, Americans get like 3 litre cars for their first cars, that's why i'm curious. Cheers.""

Unemployment insurance in california?

Last year I was unemployed. To make a long story short, i took a job and was there for less than 2 weeks. I was forced to pray, and listen to scripture that was muslim. I am very understanding in all religions, but do not practice myself. I was very uncomfortable and left. EDD decided that i left without cause and that i did not deserve insurance. they made me pay back what they paid me and 30% more. I did so even though I didn't agree. Now that I am laid off again, I filled out a claim and got a response saying that I was eligible, and they gave me the forms to fill out for the first two weeks, the standard claim forn. I filled it out, and now got back letters saying that i am not eligible for benefits until i have filed a claim for each of the 5 weeks in which i am otherwise eligible for benefits. I haven't received new claim forms. I am assuming that I will get these, and I will fill them out for 5 weeks, and then they will pay me? So I am looking for clarification, after claiming 5 weeks they will give me my benefits? Thanks for your help, to anyone that has gone through this. It is so unfair! I paid them so much, for something I felt I was justified doing, and now I am still being punished! I would rather be working and not have to worry about this, but it is so hard to find a job :( not a great holiday.""

Honda Fit insurance question?

I was planning on getting a Honda Fit and I was wondering about the insurance rates. I was thinking of getting a 07-08 Sport model. I don't know if transmission plays a role in the insurance, but I would get a manual. I am a 17 (turning 18 in June) year-old male. I would get full coverage. I would figure that it will be expensive but okay because of safety features, and that it is a fuel economy car. Any information would help. Thanks.""

Insurance Rate for a ZX6R !?

anyone know how much insurance would roughly be for a 17 year old 2007 ZX6R Motorcycle Course Completed In Ontario Thanks!!!

What would happen to my dad's insurance?

My friend was driving my car and he has no insurance when we got pulled over. The cop asked for license and registration. My friend gave his license, but he gave my insurance information and my registration information (which is under my dad's). Would we get penalized for it? Would my dad's insurance rate go up?""

""If I got a speeding ticket in my parents car, their insurance rates with state farm will increase?""

I got a speeding ticket, driving my dad's car, their insurance rates will be affected in any way?""

Can you claim back unused car insurance?

If through out your life time of driving you never have a crash or the need to claim for any insurance. Can you then claim back a portion you have falked out to the insurance company? If not, why is this? It doesn't seem fair that you have to pay someone by law, 10s of thousands of pounds over your driving life time, and your not entitled to claim any money back? i mean even 10% of what you've paid would be fairer than nothing, these insurance companies still get 90% of money for doing nothing?""

Whose insurance will be raised?

A couple weeks ago I let my grand daughter borrow my car to run up to the store for me. While she was gone, she was in a car accident in the parking lot of HyVee. She gave my insurance because she was in my car. Will my insurance be raised, or will her's? We have different insurance companies.""

Question about health insurance & pre-existing conditions?

Shortly before being taken off of my parent's insurance plan, I was diagnosed with a thyroid condition that requires expensive blood tests and regular office visits. I have applied for insurance through my job, and when reading the bylaws I noticed that it does not cover pre-existing conditions. Will my thyroid disorder be considered a pre-existing when I was diagnosed only a few months ago? Will I ever be able to get any kind of insurance coverage for this disorder now?""

Cheapest car insurance company in michigan?

I used to pay 25 bucks a month for car insurance, but now I am in michigan, the chepast from progressive is about 70 bucks a month, that's 3 times what I used to pay. Is there a company that will offer a cheaper rate than progressive? If it wasn't for the possibility of being arrested by cops for driving without insurance, I will never buy insurance period. Never had an accident caused by me EVER.""

car+insurance+quotes-+google+search

car+insurance+quotes-+google+search

Why is it cheaper to obtain car insurance for self + spouse that for just self?

Why is it cheaper to obtain car insurance for self + spouse that for just self?

Do you have to have car insurance?

like the car has liabilty, but i will soon get my liscense and i am wondering if it is required by law for me personally to have insurance.""

Whats a good cheap sports car?

Hello i need some help. This is my situation I'm 20 years old i live in Connecticut and I'm looking to purchase a car (used). I have about $2k cash to put down on it. I would say my limit for price would be about 6-8k due to financing fees taxes etc (credit score of 731). Now what I'm looking for is a pretty fast sports car to use as my DD.(I currently have a 89 mustang lx 5.0 which gets about 10 mpg city) Not very economical as a DD when gas is over $4 a gallon. Anyways back on topic, I found a 2002 wrx for 8k but got quoted for an insurance rate of 2k-3k. So this is out of the question! I make about 200 a week at the moment and pay $100 cell phone bill and $100 a month for rent. So my funds are limited for insurance + car payments. Basically i need to know a reliable cheap fast sports car i can get a good insurance rate on. But it also has to get good fuel economy! Sorry for the long rant and me being so picky but please help!""

I'm 17years old how much would it be to insure a Volkswagen Golf?

I'm 17years old how much would it be to insure a Volkswagen Golf?

Should I pay my car insurance premium?

I purchased a car for my daughter last August and paid the annual premium. In November the insurance company said I cancelled her coverage and they issued me a refund for the remainder of the policy year (thru July). I didn't know what the refund was for, but deposited the check anyway. I don't know what I did to cancel coverage (for just this vehicle, all my other vehicles remain covered.) I don't dispute that I must have done something.... In April I found out I didn't have coverage for this car by my accidentally calling the insurance company about another question. I asked for them to reinstate the coverage immediately. They did and sent me a bill for the full amount of the refund, plus another $176. I feel I should only pay insurance for the remaining two months on this year's policy since, if I would have had an accident, the insurance company would not have covered me. They say they can't charge me for just the remaining two months, but that they have to bill me the full amount (plus what's with the additional $176 charge?) I'm thinking that I should just go to another insurance company and get the car covered. Any thoughts?""

17 year old looking to buy a car ( what cars are cheap to insure)?

hey as the title says what cars are cheap to insure and tax and so on please say the make as i dont have a clue about what makes of cars and stuff, prefer a 4 door as got a kid so it will be easier getting in and out with the car seat, thanks""

Total loss and State farm auto insurance?

I had a collision a few weeks before and it is classified as collision damage. I received an estimate at a body shop who initially provided an estimate of $xxxxx/- and said that the insurance company has agreed to pay them and a delivery date was given. Now, things have changed in the middle and the body shop manager tells me a new stories of additional things that went wrong due to collision (all of a sudden) and that the insurance agent after inspection wants to call it a total loss based on this new estimate. My insurance company- State farm wants it to call a total loss which I doubt given the extent of repair it might take for the minor damage in the front fender alone. Now, here are my questions. I now have suspicion on the integrity of the body shop as well the trick palyed in declaring total loss. 1. Can I have a second opinion at a different body shop? Does State farm allow that? 2. If the repair cost is more than the ACV, and if I still wish to keep the car, can I negotiate for the max amount less deductible that State farm is willing to pay the body shop (xx% of the max amount that state farm is willing to pay before declaring total loss) and I take care of the remaining cost? Your input is appreciated. Thanks, NS""

How much should my car insurance cost?

In a few months ill be getting my license and a car. I live in Massachusetts. I'm not exactly sure what I am getting for a car, but I may end up getting a Honda accord that is around 12 years old and has a lot of mileage (200k+). Pretty much, I'm starting to look into the cheapest possible car insurance because: i don't have much money to spend and even if I did have a low deductible, it would be very close to the full value of the car which in that case I would just get junk it. What should I look for to make my cost as low as possible and how cheap could I potentially get it for? Thanks.""

What is the cheapest insurance around for a 20 year old with 2001 bonneville?

What is the cheapest insurance around for a 20 year old with 2001 bonneville?

Tips on how to get first time drivers car insurance down?

Hey, so I have my driving test on June 3rd but i am looking to buy a car before then in these next few weeks. Ive been getting some quotes on some possible cars but the cheapest quote i am getting is 4,500, which is absolutly ridiculous! I thought 2,000 was pushing it and i dont intend to pay more than 2,000 a year. The cars ive been looking at are Peugot 206s, Vauxhall Corsa SXI, and Renault Clio's. Which i believe are in the cheapest insurance band. I just dont understand why im getting quotes of 4000/5000. Most of my firends with similar cars pay 1,500 a year which seems right. I must be doing something wrong. Can anyone give me tips on how to get the price down. Should i add my mum as an additional driver? Do modified cars (alloys and tinted windows) dramatically increase the insurance price? Any reccomended insurance companies? Thanks guys!""

Question about ticket and insurance rate?

I got a ticket bout a couple months ago and my cost of insurance (minimum coverage) hasnt changed. Am I supposed to notify my insurance company about my ticket or do they automatically find out on their own and then charge me extra?

How much would my car insurance be?

I'm 21 years old male and I live in NJ. I'm thinking about buying a used car and financing it. I was looking at GEICO website and the quote came out to about $1600/year for 2000 honda S2000. I was wondering if that amount is right. I selected collision and comprehensive coverage along with all the other coverage options. I thought full coverage would be much more expensive like $3000 but that is so low. So I was wondering if that amount is right. (I live in NJ with my uncle and my parents live in massachusetts)

Auto Insurance company is refusing to cover my rental car. What can I do to fight this?

Exactly a week ago I was involved in an accident at the fault of another driver. The other driver's insurance company (USAA) has been sitting on the case not doing a damn thing. I had to call them yesterday just to get them to read my accident report, and accept liability. They hadn't even contacted the policy holder! They told me that they would set me up with a rental car, and cover the fees. Today I went to Enterprise to pick up the rental car and was asked if the insurance company (USAA) had mentioned anything about a underage bracket fee. When I told them that they hadn't, the woman at enterprise contacted USAA. It was then that they stated that they would not pay for the underage fee (I am 19), which is about $22 per day. Naturally, I was completely outraged. Both my insurance company and USAA's offices are closed at this time, so I have to wait until tomorrow to contact them. I was told by my agent that because the accident wasn't my fault, ANY cost that is a result of the accident MUST be covered by the other driver's insurance company. What can I do about this? I don't have the money to pay for the fee, but I need the transportation. I've already been without transportation for a week.""

""Approximately, how much is a car insurance for a newly passed drive with Peugeut 206?""

hi everyone i kind of have a slight problem... ive recently passed my driving test and bought peugeut 206 (2002 make) 1.1, but when i do a search on comparison websites the insurance is no less then 2400 pounds! im really confused as i thought it would be much less... is this right? :S""

Cheap car insurance for young drivers?

I'm turning 17 in a few weeks and plan to start taking driving lessons. My parents are looking into cars for me, they are only prepared to pay 1000 for my first car, but it's the insurance that is so expensive. There are a few cars that I have seen that I like, but any quote I try and get for them is at least 2,500! Are there any companies that do cheaper car insurance for young drivers or any ways that I could make the insurance cheaper? Also, i've heard that getting the insurance in one of my parents names then only being a named driver on the policy is cheaper, but when I have looked it doesn't seem to make much difference? Thank you!""

Which insurance is cheaper for a motorcycle or a car?

Ok parents are starting to make me pay insurance now. I have an 1995 Accura Integra but I would like to have decelntly fast bike. Anything over 250 cc

Question with car insurance?

Okay so we have two cars. One 1992 buick and a 2006 civic coupe. I usually drive the coup and my name was on the insurance for it, but recently my parents swapped insurance to save money but it involved switching my name to the buick and their name onto the civic. They tell me i can't drive the civic anymore b/c if i get into an accident then it won't be covered since it's under their name and not mine. Is this really true? I thought that as long as the car is insured it's covered?""

""I got a DUI, will my auto insurance drop me?""

I have AAA, and got a DUI ast year, my insurance hasent gone up yet, but I know it will. Do you think AAA will drop me, since they are such a huge company, and will I have to go get some cheap ol' coverage now? I pay around $125 at the beginning of my policy for the year, then it goes down a little each month, my last payment is around $30, then it starts over again. Ive been w/ them for a few years, w/ a perfect record, until now. The DUI wasnt for alcohol or illegal drugs, it was for prescription medication. I tried a new med, but made the choice to drive also, and this is what I got. Any help?""

Auto insurance quote with unreported accidents? What will happen?

A friend has 3 accidents in her driving record. She got an auto insurance quote without mentioning any accidents. The company sold her the insurance without any further verifications. Is that a big problem? In case of an incident in the future will the company check her records and create any problems like not approving claims or so? Should she just ask for a refund to prevent further problems. What is the worst that can possibly happen? We are kind of newbies here. Please advise...

How much would my car insurance go down average?

hi everyone, i am 18 and still on my 1st year car insurance paying 177 a month/2200 a year. 1 litre vauxhall corsa. just wanted an estimate on how much it would go down after the 1st year with no claims from expierienced drivers. thanks :).""

I am single. Do I need life insurance?

I am a 40 year old guy in good health. I have health insurance. Do I need life insurance or some other kind of insurance?

What would be the average income of a part time insurance agent?

I was recently offered a job for when I get out of high school as an insurance agent. The lady said it would be a good job for me to have during college. I have other job offers and am considering this one. I know that in a sales field like this one there are many possibilities on how high or low your income could be, but I was just wondering if anyone had a rough estimate of what I could expect to make as an insurance agent while going to college.""

Is it illegal to not have car insurance?

and if it's not illegal, what am i getting confused with?! i always thought it was illegal....? my friend is getting his car and he said it's a crappy car so there isn't any need to insure it. ???""

Which comes first? The car or insurance?

You can't drive without insurance, but your insurance rate depends in part on what kind of car you drive. So which do you get first?""

Car insurance question?

say i get insured first time and i need to get my car to a road safety test and it fails badly and would cost to much to repair (more than the car is worth) can i cancel the insurance say 2 weeks after getting it? if yes, does there usually be a cancellation fee?""

car+insurance+quotes-+google+search

car+insurance+quotes-+google+search

Car insurance advice needed?

My nephew passed his driving test yesterday and has a P reg Volkswagon Polo for his first car. I've seen adverts on the tele for Direct Line car insurance and they aren't on comparison websites, does anybody know if they are averagely cheaper or not? Are there any other companies that don't appear on comparison websites? Thanks.""

Why is my car insurance so expensive?

I am trying to figure out why my car insurance costs so much, and I am having problems getting a straight answer from any insurance company. In the last 5 years I have 0 speeding tickets, no dui's, and 1 not at fault accident. I am a 26 year old male with full coverage on an 07 Cobalt ls, so not even a sports car. The absolute cheapest insurance I could find is just shy of 350$ a month. Most companies wouldn't even cover me, and none of them would tell me why. So if anyone has any ideas of what could be causing this I would really appreciate it.""

Health Insurance in NC?

Recommendations for Health Insurance in NC for adult and Child. Any good experiences with service and cost?

Car Insurance Question?

I recently had an accident that caused my car to be written off. There have been no problems and I'm now waiting for a cheque from my insurers. My question is this. When the cheque comes and I buy a new car what happens with regard to insurance, will I have to take out a new policy, can I keep the existing policy and add my new car to it, will my monthly payments go up, or none of the above? I'm sure this is very simple for an expert but it confuses the hell out of me.""

""If you crash a car whilst test driving it, is it covered by insurance?""

If you're buying a second hand car from a private owner and you already have comprehensive insurance from another car, or if the owner has comprehensive insurance but isn't driving, would either policy cover this? And what if the driver doesn't have any insurance at all because if they buy it this will be their first car?""

My mother needs a LOT of dental work! Whats the best insurance to inquire about?

She needs teeth pulled (many of them will need to be surgically removed) and dentures...what would be a good insurance that would cover a good portion of the cost? We live in Florida...

Does California vehicle insurance cover broken windshields?

A turkey vulture smashed my windshield yesterday. I have full coverage insurance and they told me I would have to pay my $500 deductible. In other states I've had windshields covered for free. *ONLY the windshield was damaged*. No other parts

How to get a comparative car insurance quote.?

Had an accident November 2010. I fill in car insurance quotes but they want to know how much the accident cost! My current insurance company only told me it was my fault and slashed my no claims bonus from 65 to 40% and quoted me with a 200% increase on last year. Internet quote sites want information I don't know.

I crashed my vehicle and the auto insurance company will buy it from me. Next car = New Insurance company?

I crashed my vehicle and the auto insurance appraiser said AllState will purchase the vehicle from me because the cost to fix it will be more than what the car is worth. When I buy my next car, should I go with a different auto insurance company because my premium would go up if I stayed with AllState for the new vehicle?""

16 yr old Insurance question.?

Any guesses on what car insurance would cost every 6 months/ by the year for a 16 year old kid who has already been in a crash, not with another vehicle, what would the insurance cost on a 1994 camaro v6.""

What is the cheapest car insurance for a young new driver?

What is the cheapest car insurance for a young new driver?

Why does car insurance cost more for males than females?

I'm guessing because we tend to drive more dangerously, but how is that legal being sexist like that?""

Do you believe in any type insurance ? why ?

what is advantage and disadvantage of insurance ?

""Cars been stolen, will insurance pay up?""

My sisters car has been stolen roughly 30 mins ago. Shes customized it a bit (tinted windows to a legal degree, subwoofer in the boot) will the insurance pay up if it cannot be found. And what are the chances of it being found""

Is it a requirement to let home insurance company before installing Trampoline in the backyard?

my neighbor told me that it is very necessary to tell your home insurance company before installing trampoline in the backyard and after that they will raise your insurance rate. I wanna know if this is true or not??

Which type of Insurance help more in tax deduction?

I am earning more than 3 lacs per annual, now i have to pay tax but i have heard from my colleagues if i do invest in some insurance policy tax deduction will be less.So in which type of insurance should i invest?.""

""What is the absolute best, maximum protection motorcycle insurance for me? 20/F 1st time rider.?""

I am willing to pay more, I just dont want to get cheap insurance that doesn't cover me. No subrogation clauses, I want to be covered as much as I possibly can. I am in TX. Is Allstate good? My car is under Allstate. I have heard Dairyland Insurance is good...anyone have experience with it? I dont have any tickets or violations on my record.""

Whats a good/affordable motorcyle insurance company?

I want to buy a Yamaha R6 but the premiums for a bike are ridiculous.. cheapest ive found was through progressive for 900$/month... thats more than my leased car payment and car insurance a month... anyone? thanks.

Can I have a car in my name under my parents insurance?

I am in need of a new car, but I would like the car to be in my name since I'm the one paying for it. Right now the car I'm driving is under my mom's name and insurance. Is it possible to have a car in my name and still have it be on HER insurance (and I cant just pay her) since it's obviously much cheaper (like a 300 dollar/month diference)""

Insurance Fraud?

I'm a 17 year old male living in Canada, and I just bought a car. Would it be insurance fraud to insure that car in my moms name, with her as the main driver and me as a casual driver, while she insures her own car with a seperate insurance company, not telling either company she technically owns 2 vehicles? Becuase she just wouldn't drive my car, and my car would be under her name but I would be listed as a casual driver and have much lower rates. If she insured her own car with another company and told them she only owns one car, I could have much lower insurance rates because I would be listed as a casual driver when really I'm the main driver. Is that insurance fraud? Is it legal? I've heard of people doing that...""

When should i buy car insurance?

I am going to buy a car on Tuesday. Is there a grace period during which i can drive the car without insurance until i get it, like 5 business days or something like that, or do i need insurance before i buy the car?? This is my first vehicle so i dont have an existing policy i can add this too.""

Does high mileage cars have lower or higger car insurance?

Does high mileage cars have lower or higger car insurance?

""Can you give me an estimate of what it will cost to repair this dent in my car, picture included?""

A large tree limb fell on my car last night. I would like to have an idea of what it might cost to fix this before calling the insurance company. If it cost less to pay out of pocket that is the route I would like to take. Here is a link to the pic of the damage, which is on the passenger side of a 2001 Hyundai Accent. http://i11.photobucket.com/albums/a163/janezanaddict/IMG_3079.jpg Thanks for your help!""

How Much Would A 17 Year Old With A G2 Pay For Insurance For A 1995 Geo Metro Hatchback in Toronto?

Im planning on getting my first car but the insurance is holding me back. Please Help.What Company do you suggest? Maybe you know someone with the same car and around the same age.

Does anybody know of a good affordable life insurance?

I live in California, im 19, im perfectly healthy(i've never smoked and i've never drank...ever)and im trying to find a life insurance policy to purchase for myself, since at the time i was born my parents couldn't afford one. So, i decided to do the smart thing and decide to get myself life insurance. I would like to know of people's opinions on life insurance, and which ones are best for someone my age.""

car+insurance+quotes-+google+search

car+insurance+quotes-+google+search

https://www.linkedin.com/pulse/maine-mutual-insurance-claims-jayden-stone/"

[ronweissny-blog]

When Would a Lender Want to Revoke Acceleration of a Mortgage Loan and When is Revocation Valid?

Too many homeowners in New York believe that if they default on their mortgage, they will inevitably lose their homes to foreclosure. However, this is far from the experience of many homeowners who have actually been in this situation. There are many different complications that may arise before or during a foreclosure case, many which will affect homeowners. One action that a lender may take outside of a foreclosure action to complicate or delay a foreclosure is to revoke the prior acceleration of the mortgage loan. The following is further discussion regarding mortgage acceleration and the revocation of such.

What is Acceleration and Why does it Occur?

When a lender and borrower sign a contract, the borrower agrees to make monthly installment payments on the mortgage for a specified period of time. If the borrower fails to meet that obligation at any point, they have breached the mortgage contract and the lender has the right to file suit to collect the unpaid portion of the mortgage debt. However, for each missed payment, the lender will have a cause of action only regarding that missed payment. A lender does not automatically have the right to foreclose on the entire amount of the loan but only the arrears.

In order to file a claim regarding the entire mortgage debt, a lender must demand payment of the entire mortgage balance all at once. This is referred to as an acceleration of the mortgage loan and is allowed by clauses in most standard mortgage contracts. Such an acceleration may be accomplished in different ways, including:

Sending notice to the borrower that the lender intends to accelerate the loan (notice is enough for effective acceleration);

Sending a demand for immediate payment of the mortgage balance;

Commencing a foreclosure action that seeks the balance of the mortgage loan in the complaint.

Though acceleration can occur in different manners, some affirmative act is generally required from the lender that effectively communicates to the borrower that the lender has accelerated the collection of the debt. Once an effective acceleration has taken place, the mortgage lender will no longer be limited to only seeking collection of arrears but will have the right to seek payment of the entire debt through a foreclosure action. It is therefore understandable why mortgage lenders want to accelerate loans. After a loan is accelerated, lenders generally will not accept any payments based on prior agreements or accept partial payments less than the balance of the mortgage.

Reasons a Lender May Revoke Acceleration

In some situations, a homeowner whose mortgage loan has been accelerated may be surprised to learn that their lender has revoked that acceleration, also referred to in some states as “deceleration.” Such revocation will return the mortgage loan to its original terms, most of which require monthly installment payments.

One of the major reasons why a lender may choose to revoke acceleration is to stop the statute of limitations from running regarding a future foreclosure. The statute of limitations is the amount of time during which a lender has the right to initiate a foreclosure claim in civil court. Statutes of limitations vary from state to state and under New York law, the statute of limitations for a foreclosure (and other breach of contract actions) is six years. So what does the six-year statute of limitations have to do with revocation of loan acceleration?

After the housing crisis, foreclosure cases have become increasingly complex and have delayed the process of foreclosure in New York. Some foreclosure cases take years to resolve and may be dismissed by the court or by the lender for a variety of reasons. While a dismissal without prejudice allows the lender to re-file another foreclosure case in the future, the six-year statute of limitations will not be interrupted. Therefore, if a lender accelerated a loan by filing a foreclosure case in 2010 and that claim was dismissed without prejudice in 2013, the lender would still only have until 2016 to subsequently seek a foreclosure.

One way lenders have stopped the running of the statute of limitations is by issuing letters to borrowers that revoke the acceleration within the six-year period. This is complicated, since most mortgage contracts present the requirements for valid acceleration, but do not address the process of a valid revocation, as it was not previously a common occurrence. However, New York courts have ruled that a revocation must be legitimate for the statute of limitation to cease running.

Court Rulings on Legitimate Revocation

Since this has been a relatively new legal issue, there is no overarching rule that dictates what constitutes a proper revocation of acceleration. Instead, courts have been identifying specific circumstances that do or do not constitute a revocation for the purposes of resetting the statute of limitations. For example:

A court’s decision to dismiss a case on its own will not revoke acceleration, and neither will dismissal due to personal jurisdiction issues or failure to take part in settlement conferences ordered by the court. The trend seems to be that no court dismissal without action by the lender will qualify as a revocation.

Dismissal requested by the lender has been accepted as effective revocation by one court in New York, however, the decision has not yet been affirmed by any higher courts.

Lenders can send notice to the borrowers of Revocation of Acceleration or of Deceleration of the mortgage. While courts have accepted such communications as valid, they have dictated no specifics on what such notices must contain or say.

A lender accepting partial payments from the borrower may be viewed as valid revocation of acceleration. This is as long as the lender made it clear that acceptance would mean that the acceleration was revoked.

In short, there is much confusion and little clarification about what exactly may qualify as valid revocation for the purposes of defeating a statute of limitations in a foreclosure case. We will keep you updated with any new case law developments on this issue.

While successful revocation can prevent a borrower from asserting a statute of limitations defense in the future, it can also buy a borrower time to find solutions to pay their arrears and become current on their mortgage loan through bankruptcy or loan modifications.

Call to Speak with an Experienced Foreclosure Defense Lawyer in New York Today

Foreclosure cases can be complex and you need a foreclosure defense attorney who can identify and address any unique issues that may arise in your case.

Please call the Law Offices of Ronald D. Weiss, P.C. at 631-479-2455 to discuss your situation today.

[ronalddweissesq]

The Statute of Limitations Defense in New York Foreclosure Actions 

Ronald D. Weiss, P.C., Attorney at Law is your premier foreclosure attorney on Long Island, serving both Nassau and Suffolk County residents. He can analyze the specific facts of your case in order to determine whether your lender has run afoul of the statute of limitations, and this may result in a complete discharge of your debt. Contact him today online or at 631.479.2455 for a no-risk consultation.  

Rankings.io's insight:

In order to fully grasp the sometimes alarming outcome of a foreclosure action when a lienholder violates the six (6) year statute of limitations governing such cases, it is important to understand why statutes of limitations are so prominent in real property actions. Although enacted by the legislator, as opposed to a derivative of the common law, statutes of limitations enforceable in real property actions have been codified since the Roman Empire. As far back as 1236, the English Common law, on which our American system of law is based, put temporal limitations on a claimant’s rights to bring a legal action to reclaim real property.

[debtlawyer]

Credit Card Default Judgments and New York State's "Sewer Service" Rules Update

New Post has been published on http://www.debtlawyer.com/credit-card-default-judgments-and-new-york-states-sewer-service-rules-update/

Credit Card Default Judgments and New York State's "Sewer Service" Rules Update

Towards the end of 2014, the New York State Court System announced a series of rule changes affecting default judgments in order to prevent so-called “sewer service” in consumer credit debt collection cases. A “sewer service” case involves questionable and often fraudulent service of process to a defendant, who is unable to defend against a lawsuit if they have no notice of it. This was an endemic problem in New York’s debt collection lawsuits.

Above and beyond “sewer service” is the issue of debt buyers and the sloppy record keeping involving in the transfer of the subject debts from credit card companies to debt collectors to debt buyers. While they debts may be valid, the search for ever-increasing expediency and low costs (through use of cut-rate process servers) by credit card and debt buyers resulted in a large number of seriously flawed cases. Justice Noach Dear estimates “that roughly 90 percent of the credit card lawsuits are flawed and can’t prove the person owes the debt.” (Judge Dear now sits in the New York Supreme Court’s Foreclosure Resolution Part in Kings County.) This lack of proof gives debtor/defendants a very powerful defense, but if they do not know about the lawsuit, they cannot defend themselves. The widespread use of “sewer service,” as mentioned above, resulted in a large proliferation of default judgments for credit card debts in New York State. In an attempt to stem the tide of those devious actions, these new rules require that creditor/plaintiffs submit affidavits containing detailed proof in support of any default judgment application.

The Court wants plaintiffs to show more exhibits than they do in a typical lawsuit complaint. The new rules require that the plaintiff show the validity of the debt at issue, and importantly, the chain of ownership for that debt. In actions started by third-party debt buyer/plaintiffs, affidavits will be required from the original creditor and all additional intervening debt buyers. The affidavits will have to be executed by individuals having personal knowledge of the debts. Additionally, copies of key documents must be attached to the affidavits, including the party’s credit agreement and the most recent monthly statement. The plaintiff must include other information and documentation to make sure they correctly identify the defendant, including the last four digits of the account at issue, a final itemized summary of the balance allegedly due and the complete chain of ownership for the debt, going back to the original creditor. Additionally, in order to prevent the practice of suing where the statute of limitations has run, the creditor’s counsel must submit an affirmation that the debt is still actionable. Finally, to ensure that defendants receive notice of a lawsuit, the plaintiff must provide the court with an additional notice of the lawsuit to be mailed not by the plaintiff, but rather by the court itself. No default judgment will be entered if that notice is returned to the court as undeliverable.

If these rules are enforced, they would significantly reduce the number of questionable credit card lawsuits which have been clogging up the civil courts dockets. While we are waiting for the NY State Court system to provide analysis and statistics regarding the impact of the new rules, in our office we have noticed a new tactic being used by debt buyers. They are digging into their files and looking for old judgments to prosecute. Under CPLR § 211, old judgments are enforceable in New York for 20 years! Many of the judgments that debt buyers are enforcing now were obtained through “sewer service” that the new default judgment rules were meant to prevent. Many debtor/defendants have no notice of the lawsuit or judgments at all. The first time they find out about it is when the debt buyer seeks to enforce the old judgment. This can be through a garnishment or a frozen account, or both.

David I. Pankin is a New York bankruptcy lawyer helping consumers vacate judgments, stop garnishments and unfreeze bank accounts, either through bringing an order to show cause, by negotiating with the holders of the judgment being enforced, or through a bankruptcy filing. If you have any questions about these new rules or the tactics debt collectors are using to get around them, please contact The Law Office of David I. Pankin, PC at 888-529-9600. We have three convenient locations and have been helping consumers for over 15 years.

Sources:

https://www.nycourts.gov/rules/ccr/ https://dealbook.nytimes.com/2012/08/12/problems-riddle-moves-to-collect-credit-card-debt/