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Description: Although the New York State Legislature and the Chief Administrative Judge of the Courts have largely frozen foreclosures during the pandemic, the Appellate Divisions of the State Supreme Court and Court of Appeals have been hard at work reshaping foreclosure litigation, as we know it.
Earlier this year, the Court of Appeals issued a landmark decision in Freedom Mortgage v. Engel, which reshaped the statute of limitations in foreclosure actions. Not to be outdone, the Appellate Divisions have issued several notable decisions this past year clarifying the scope of RPAPL 1304, debt collection under the New York City Administrative Code, addressing the propriety of third-party defenses to foreclosure actions, and many more. There have also been many significant legislative and administrative events affecting foreclosures.
This presentation will discuss these developments and analyze their impact on the future of foreclosure litigation in New York.
Learning Objectives:
I. Identify hot topics in NY foreclosure litigation
II. Survey recent developments affecting these areas
III. Understand the practical import of these developments
Presenter Bios
Morgan McCord focuses his practice on banking, financial services, consumer and commercial collections, and bankruptcy litigation. He represents banks, loan servicers, and other financial institutions through all phases of litigation involving diverse claims. These claims typically involve lender liability, title issues, contested foreclosures, stolen and forged negotiable instruments, fraudulent or unauthorized account transactions, electronic transactions, identity theft, cashier’s checks, and other retail and wholesale banking transactions.
Morgan also represents financial services institutions in defending matters arising under the full range of laws and statutes regulating the consumer finance industry, such as the Truth-in-Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), and Fair Credit Reporting Act (FCRA).
Kenneth Flickinger practices in the area of commercial litigation with a concentration in representing nationally prominent financial institutions and mortgage servicers. The matters at issue in these cases include commercial and residential foreclosure actions, debt collection matters, loan servicing, lender liability, mortgage fraud, business torts, title issues, predatory lending, credit discrimination, state and federal unfair and deceptive trade practices (UDAP) statutes, and other alleged violations of law arising from his clients’ lending, servicing, and collections activity.
Kenneth also represents financial services institutions in defending matters arising under the full range of laws and statutes regulating the consumer finance industry, such as the Truth-in-Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Equal Credit Opportunity Act (ECOA).
Kenneth counsels mortgage servicers and asset management companies on compliance issues including Consumer Financial Protection Bureau regulations, Fair Debt Collection Practices Act, and New York foreclosure and consumer protection statutes, and has worked closely with general counsels and in-house counsel regarding all aspects of litigation strategy.
 | | Practice Areas: | | Bankruptcy & Creditors Rights, Litigation & Appeals, Real Estate Law | | | Online Media Type: | | Audio | | | Production Date: | | 12/08/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 10 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Morgan McCord, Esq. - Eckert Seamans Cherin & Mellott, LLC | | • | Kenneth Flickinger, Esq. - Eckert Seamans Cherin & Mellott, LLC |
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