Edison, NJ asked in Contracts, Real Estate Law, Civil Litigation and Elder Law for New York

Q: Homeowner, a 20 yr mortgage, What is the legal strategy to confront Defendants' Note of Issue when my disc not complete

The Mortgage was sold and the new bank quickly changed the existing servicing plan, made payments to the city finance department on my behalf, aggressively sought to recover their disbursements by creating an escrow account and escalated my monthly mortgage pmt to more than five multiple of it has been for 20 years in clear an unambiguous violation of the Note and Mortgage which require such outlay be added to the principal and apply the stated amortization basis which would have resulted in about one quarter.

I ran the Civil Court NYC asking to have the Court compel defendants' Compliance with the terms of the Mortgage agreement.

The Motion to Dismiss was denied.

The Lockdown led to a delay. Now a Note of Issue has been filed by defendants' when I have not completed discovery and NOT ready for trial

What will be the appropriate legal strategy to seek my desired and legitimate legal remedy ---- To have them

adhere to the terms of the mortgage and not dispossess me of my HOME

1 Lawyer Answer
Jack Mevorach
Jack Mevorach
  • Cedarhurst, NY
  • Licensed in New York

A: Are you alleging that you are fully performing according to the terms of Promissory Note and Mortgage?


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