Johnny Barnes

Foreclosure Update: Statute of Limitations results in canceled Mortgage – New York and New Jersey Courts issue rulings canceling mortgages due to Statute of Limitations

Friday March 31, 2017
Foreclosure Update: Statute of Limitations results in canceled Mortgage – New York and New Jersey Courts issue rulings canceling mortgages due to Statute of Limitations

In a recent New York Case, Soroush v. Citimortgage, Inc., Index No. 706506/2015 (Queens County Sup. Ct., January 11, 2016), because the Mortgagor failed to bring a foreclosure action within the six year Statute of Limitations, the Court 1) granted the Mortgagee Summary Judgment; 2) declared that the mortgage held by Citimortgage was invalid; 3) directed the Real Estate Clerk of the County to discharge the recorded mortgage; and 4) extinguished the underlying promissory note.  …  

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Attorney’s Fees

Friday November 25, 2016
Attorney’s Fees

Who pays the lawyers if you lose?

Many are often discouraged from asserting rights because they fear facing oppressive fees from attorneys if the case is lost.   In this Article — for Living with the Law Subscribers — that fright is deflated.  And, particularly when it comes to tenants and even cooperative or condominium owners, that anxiety, much more often than not, is misplaced. …  

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A Child’s Wish – Does it count in divorce?

Friday September 23, 2016
A Child’s Wish – Does it count in divorce?

I was saddened by the announcement of the impending Angelina Jolie and Brad Pitt divorce.  The odds are never good these days.  More are getting divorced than staying together.  Somehow, it seemed, this one might work, despite its Hollywood backdrop.  It was not to be however.

Angelina has demanded physical custody of all of the children, with visitation rights for Brad. …  

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Statute of Limitations results
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New York and New Jersey Courts issue rulings canceling mortgages

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