Representative Matters
Mortgage Foreclosure
- Secured appellate affirmance of an order denying the borrower’s motion to vacate a prior order restoring the foreclosure action to the active calendar and to dismiss the foreclosure complaint insofar as asserted against him as time-barred. (Wells Fargo Bank, N.A. v Laporte, 235 AD3d 936 [2d Dept 2025])
- Obtained full-debt payoff of commercial mortgage loan at foreclosure sale held less than one year after commencement of foreclosure action. (Cathay Bank v R46 LLC (Sup Ct, Queens County, Index No. 703933/2024, Feb. 7, 2025)
- Achieved appellate reversal of an order sua sponte dismissing the foreclosure complaint based on the lender’s alleged failure to comply with a status conference order. (U.S. Bank N.A. v Narain, 223 AD3d 853 [2d Dept 2024])
- Won appellate reversal of an order sua sponte dismissing the foreclosure complaint pursuant to CPLR 3215(c). (Deutsche Bank Natl. Trust Co. v Campbell, 219 AD3d 701 [2d Dept 2023])
- Prevailed on appeal, obtaining affirmance of an order denying the titleholder’s motion to vacate the judgment of foreclosure and sale and to dismiss the foreclosure complaint as time-barred. (Deutsche Bank Natl. Trust Co. v Neuman, 214 AD3d 952 [2d Dept 2023])
- Successfully dismissed a tenant’s claims challenging the validity of a foreclosure sale. (Maucha v Bank of New York Mellon as Trustee for CWHEQ Revolving Home Equity Loan Trust, Series 2007‑E, 2023 WL 348348 [SD NY 2023])
- Defended appellate affirmance of an order denying the borrower’s motion to dismiss the foreclosure complaint for lack of personal jurisdiction based on improper service of process. (U.S. Bank N.A. v Hawthorne, 207 AD3d 590 [2d Dept 2022])
- Upheld on appeal an order granting the lender’s motion to lift the stay of a foreclosure sale. (HSBC Bank USA, N.A. v Sage, 196 AD3d 1016 [3d Dept 2021])
- Secured dismissal of borrowers’ appeal from an order denying their motion for a preliminary injunction and granting the lender’s cross‑motion to dismiss the complaint. (Helm v PHH Mtge. Corp., 193 AD3d 420 [1st Dept 2021])
Quiet Title
- Obtained reversal on appeal of a quiet title judgment that improperly prioritized a competing lienholder’s money judgment over the lender’s mortgage. (Baldeo v HSBC Bank USA, N.A., 229 AD3d 591 [2d Dept 2024])
- Successfully moved to dismiss a foreclosure purchaser’s RPAPL 1501(4) quiet title action seeking cancellation and discharge of the lender’s mortgage. (East Fork Funding, LLC v Deutsche Bank Natl. Trust Co. as Trustee for Certificate Holders for Argent Sec. Inc., Asset Backed Certificates, Series 2006‑1, 729 F Supp 3d 346 [ED NY 2024])
- Defended appellate affirmance of an order dismissing the borrower’s RPAPL 1501(4) quiet title action to cancel and discharge the lender’s mortgage. (Hawthorne v New Century Mtge. Corp., 207 AD3d 528 [2d Dept 2022])
Consumer Lending / Protection
- Obtained summary judgment dismissing a borrower’s claim alleging failure to provide notice of mortgage transfer in violation of the Truth in Lending Act, 15 U.S.C. § 1641(g). (Sage v HSBC Bank USA N.A. as Trustee for Ace Sec. Corp., Home Equity Loan Trust Series 2006‑0P2 Asset‑Backed Pass‑Through Certificates, 2021 WL 1062590 [ND NY 2021])
