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· 6/14/2004

Hares v. Walker

Citations

  • 8 A.D.3d 1019
  • 778 N.Y.S.2d 342
  • 2004 N.Y. App. Div. LEXIS 8129

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding there was no standing to accelerate the mortgage where “there is nothing in this document to establish the authority of MERS to assign the first note”
  • strict compliance with statutorily mandated notice requirements is condition precedent to foreclosure, without consideration of prejudice to mortgagor
  • “A plaintiff has standing where it is both (1) the holder or assignee of the subject mortgage and (2
  • “A plaintiff has standing where it is both (1) the holder or assignee of the subject mortgage and (2
  • “[W]e decline to express an opinion when, if ever, a defect or irregularity in the content of an RPAPL 1304 notice might be so minimal as to warrant the exercise of the court's discretion under CPLR 2001 to avoid dismissal of the action.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.