Void Judgment Mortgage Foreclosure Template

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					       R E A L E S TAT E

Mortgage Foreclosures*
   Mortgage foreclosures require               VI.   Summons and Complaint
careful adherence to procedures                VII.  Reference to Compute
set forth in article 13 of the                 VIII. Bill of Costs
                                               IX.   Judgment of Foreclosure and
N.Y. Real Property Actions and
                                                     Sale
Proceedings Law and the Civil                  X.    Sale of Property
Practice Law and Rules. These                  XI. Referee’s Deed
statutes have their roots in the               XII. Referee’s Report of Sale
common law, and for the most                   XIII. Claims where Foreclosure of
part have been in existence for                      Mortgage Is Void or Voidable
decades. Because the statutes                  XIV. Conclusion
have not changed very much,                    Bibliography
they do not address modern                     Addendum: Nonjudicial Mortgage
                                                                                                   Reasons to Buy
                                                             Foreclosures Under
problems of enforcing real estate
                                                             RPAPL Article 14                    • Be able to gather and examine
security interests. The result is              Forms                                               all the documents needed to
that judicial decisions provide                                                                    proceed with a mortgage fore-
                                               Notice of Pendency of Action
necessary adaptation of ancient                                                                    closure on behalf of the lender
                                               Summons
theories to modern experiences                                                                   • Be able to choose the best
with sometimes surprising results.             Complaint
                                                                                                   method of collecting the mort-
                                               Order of Reference in Mortgage                      gage debt, either suing on
   Mortgage Foreclosures guides                 Foreclosure                                        the note or foreclosing on the
the practitioner through the                                                                       mortgage
                                               Affirmation of No Answer and that
basics of a mortgage foreclosure                Notice of Pendency Has Been Filed
proceeding. With its helpful prac-             Referee’s Oath
tice guides, many useful forms,                                                                    Authors
                                               Report of Amount Due
and an addendum on nonjudicial                                                                   Francis J. Smith, Esq.
                                               Schedule A—Abstract of
mortgage foreclosures under                                                                      McNamee, Lochner, Titus
                                                Documentary Evidence
RPAPL Article 14, this is an invalu-                                                              & Williams, PC
                                               Costs of Plaintiff with Attorney’s
able resource.                                  Affirmation                                      Albany, NY
   This latest edition completely              Judgment of Foreclosure and Sale                  Marvin R. Baum, Esq.
updates case and statutory refer-              Affirmation of Service by Mail                    Joseph M. Gaug, Esq.
ences.                                         Notice of Foreclosure and Sale                    Albany International Corp.
   The 2006–2007 release is an                                                                   Albany, NY
                                               Terms of Sale
entire reprint current through the             Upset Price
2006 New York State legislative                                                                    Product Info and Prices
                                               Referee’s Deed
session.                                       Referee’s Report of Sale                          Book Prices
Contents                                       Statement of Sale                                 2006–2007 • 82 pp., softbound
I.     Introduction                                                                              • PN: 41416
                                               Order Confirming Referee’s Report
II.    Opening the File                         of Sale                                          NYSBA Members                    $72
III.   Election of Remedies                                                                      Non-Members                      $80
IV.    Party Defendants
V.     Notice of Pendency (Lis
       Pendens)




* The titles included in the GENERAL PRACTICE MONOGRAPH SERIES are also available as segments of the New York Lawyer’s Deskbook and
  Formbook, a five-volume set that covers 25 areas of practice. The list price for all five volumes of the Deskbook and Formbook is $650.




48             To Order: phone 1-800-582-2452 / fax 1-518-487-5618 / web www.nysba.org/pubs

				
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