Legal Opinion
Flushing Savings Bank, FSB v. Pierre Bitar
New York Court of Appeals
Decided June 4, 2015No. 84PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
Real Property Actions and Proceedings Law § 1371 delineates the steps a lender must take in a mortgage foreclosure action before securing a deficiency judgment against a borrower (RPAPL 1371 [l]-[4]). On this appeal, we examine not only the sufficiency of the proof that a lender must submit in order to establish its entitlement to a deficiency judgment, but also what actions a court must take in the event the lender fails to meet its burden in the first instance.
L
Plaintiff Flushing Savings Bank, FSB (FSB) was the owner and holder of a note secured by a mortgage…
2Cases cited3 opinions
- National Bank of North America v. Systems Home Improvement, Inc.New York Court of Appeals · 1980
- BTC Mortgage Investors Trust 1997-SI v. Altamont Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Marine Midland Bank, N. A. v. Harrigan Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by13 opinions
- Flushing Sav. Bank, FSB v. ViegasAppellate Division of the Supreme Court of the State of New York · 2016
- Izzo v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of SpiakAppellate Division of the Supreme Court of the State of New York · 2022
- New York Commercial Bank v. 18 RVC, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Rhinebeck Bank v. WA 319 Main, LLCAppellate Division of the Supreme Court of the State of New York · 2022
8 more not listed; retrieve them via the Exa API.