Bergman on New York Mortgage Foreclosures

The definitive source on residential and commercial foreclosures in New York. It details the entire foreclosure process and contains over 200 forms.

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See a video of Bruce Bergman on avoiding pitfalls in NY foreclosure law.

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The definitive analysis of the law and unparalleled practical guidance on residential and commercial property foreclosures in New York. Recently expanded to 4 volumes and written by the leading expert in the field, Bergman on New York Mortgage Foreclosures is complete with a multitude of annotated forms and tips for successful practice. Inside you'll find critical discussion, analysis and materials on:

• Mortgage drafting
• Acceleration of the debt upon default and defenses to acceleration
• Initiating the foreclosure procedure
• The entire foreclosure process from the search and appointment of a receiver and a referee through the foreclosure sale and post-foreclosure sale procedures
• Alternative processes, including deed in lieu of foreclosure, settlement and partial foreclosure
• The foreclosure of condominiums and cooperatives
• Every phase of foreclosure litigation
• The judgment of foreclosure and sale
• Bidding terms
• The foreclosure closing
• Eviction after foreclosure
• Deficiency judgments
• Surplus money proceedings

First published in 1990.

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Table of Contents

Ch 1 Mortgage Drafting and Its Relationship to Foreclosure 

Ch 2 Overview and Guide to the Basics of Mortgage Foreclosure Concepts and Strategies

Ch 3 Mortgage Collection Procedures and Delinquencies

Ch 4 Default and Acceleration

Ch 5 Defenses to Foreclosure and Acceleration

Ch 6 Usury

Ch 7 Election of Remedies and Initiating the Foreclosure Procedure

Ch 8 Non-Judicial Foreclosure

Ch 9 Protecting the Mortgaged Premises During Foreclosure

Ch 10 Receiverships in the Foreclosure Action

Ch 11 Ordering and Analyzing the Foreclosure Search

Ch 12 Parties to the Foreclosure Action

Ch 13 Venue of the Foreclosure Action

Ch 14 [Reserved]

Ch 15 Notice of Pendency in the Foreclosure Case

Ch 16 The Foreclosure Complaint

Ch 17 Partial Foreclosure

Ch 18 [Reserved]

Ch 19 Responses to the Complaint: Law and Strategies for Plaintiffs and Defendants

Ch 20 Role of the Referee

Ch 21 Lender's Motion for Summary Judgment

Ch 22 Meeting Typical Defenses of the Borrower

Ch 23 Solving Unusual Problems and Other Selected Issues

Ch 24 Settlement of the Foreclosure Action: Law, Mechanics and Strategies

Ch 25 Deed in Lieu of Foreclosure

Ch 26 Legal Fees

Ch 27 Judgment of Foreclosure and Sale

Ch 28 Computation of the Upset Price

Ch 29 [Reserved]

Ch 30 The Foreclosure Sale--Process and Elements

Ch 31 The Foreclosure Closing and Distribution of Sale Proceeds

Ch 32 Strict Foreclosure

Ch 33 Eviction After Foreclosure

Ch 34 Deficiency Judgments

Ch 35 Surplus Money Proceedings

Ch 36 Condominium Foreclosure

Ch 37 Co-Op Foreclosure

Chs 38-40 [Reserved]

Ch 41 Miscellaneous Motions and Orders in Mortgage Foreclosure