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New York Preempts Local Zombie Home Ordinances
On November 21, 2022 Governor Kathy Hochul signed Assembly Bill A3081 into law. The new law specifically preempts local laws, ordinances or resolutions that allow or require the registration of residential mortgages in default prior to the filing of a lis pendens in a court of competent jurisdiction. But why was this law needed in the first place?
Unlimited Indemnities Do Not Award Attorney’s Fees
To the layman, a contract’s unlimited and unrestricted indemnity from the other party would appear to cover all out-of-pocket costs incurred due to the actions, or inactions, of the other party – including attorney’s fees in disputes between the parties. However, the diligent practitioner will know that fee shifting provisions require exacting specificity to accomplish their client’s goal.
Lenders – Does Your Mortgage Have This Critical Protection?
In this back and forth foreclosure litigation, a critical provision in the lender’s mortgage let them inflict pain upon the borrower despite dismissal of the complaint and expiration of the statute of limitations.
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