Foreclosure Update: Statute of Limitations results in canceled Mortgage – New York and New Jersey Courts issue rulings canceling mortgages due to Statute of Limitations

In a recent New York Case, Soroush v. Citimortgage, Inc., Index No. 706506/2015 (Queens County Sup. Ct., January 11, 2016), because the Mortgagor failed to bring a foreclosure action within the six year Statute of Limitations, the Court 1) granted the Mortgagee Summary Judgment; 2) declared that the mortgage held by Citimortgage was invalid; 3) directed the Real Estate Clerk of the County to discharge the recorded mortgage; and 4) extinguished the underlying promissory note.  …  

15,000 years in America — will the Redskins migrate again?

The idea of race is an antiquated one — not quite old enough to persist, perhaps, yet pervasive enough to discuss.  This Spring, for example, the United States Supreme Court will consider the revocation of the Redskins trademark, held by the National Football League Team based in Washington, D.C. bearing that name.  At play is the decision of whether or not this word is disparaging to some, and the underlying message it sends to persons who do not self-identify as “Red” thus raising a classic conflict between the First Amendment and the right to profit greatly from its use.…  

Attorney’s Fees

Who pays the lawyers if you lose?

Many are often discouraged from asserting rights because they fear facing oppressive fees from attorneys if the case is lost.   In this Article — for Living with the Law Subscribers — that fright is deflated.  And, particularly when it comes to tenants and even cooperative or condominium owners, that anxiety, much more often than not, is misplaced. …