Topic
Foreclosures
855 published works
Commercial Case Notes
Motion to Vacate Default Judgment For Fraud Fails for Lack of Excuse for Default
By John Lundin
On October 14, 2026, the Second Department issued a decision in U.S. Bank N.A. v. Fulford, 2026 NY Slip Op. 05989, holding that a motion to vacate a default judgment…
Law Firm Carolinas Blog
HOA Foreclosure Surplus Funds: Money Your Association May Be Missing
When a bank forecloses on a home in North Carolina, many HOA and condominium boards assume the Association has lost any chance of collecting unpaid assessments. After all, if the…
FBT Gibbons
Deed in Lieu of Foreclosure: An Overview in Process and Logic for Borrowers to Consider
This article is the first installment in a multi-part series on borrower considerations in deed-in-lieu transactions. Here, we lay the groundwork by explaining what a deed in lieu is, how…
New Jersey Foreclosure Defense Blog
Rent Receivers in a New Jersey Commercial Foreclosure: What Owners and Tenants Should Expect
By John Fazzio
Short answer: A rent receiver is a court-appointed neutral who may take control of rent collection and property operations while a New Jersey commercial foreclosure is pending. A receiver is…
New Jersey Foreclosure Defense Blog
Commercial Mortgage Default Interest and Late Charges in New Jersey: What to Check
By John Fazzio
Illustrative photograph by Aaron Lefler on Unsplash. The pictured notes are not a client loan statement. Short answer: Default interest and late fees on a New Jersey commercial mortgage are…
New Jersey Foreclosure Defense Blog
Commercial Tenants in a New Jersey Foreclosure: SNDAs and Lease Survival
By John Fazzio
Illustrative photograph by Andy Vult on Unsplash. This is not a client property. Short answer: A commercial tenant should not assume that a long lease guarantees continued occupancy after the…
New Jersey Foreclosure Defense Blog
Debt Validation Notices and New Jersey Foreclosure: Keep the Deadlines Separate
By John Fazzio
Illustrative stationery photograph by Brando Makes Branding on Unsplash. The image is not an actual collection notice or client document. Short answer: A debt-validation notice and a foreclosure summons serve…
New Jersey Foreclosure Defense Blog
Assignment of Rents After a New Jersey Commercial Loan Default: What Owners Should Check
By John Fazzio
Illustrative commercial-building photograph by Kenrick Baksh on Unsplash. This is not a client property or a photograph of a New Jersey foreclosure. Short answer: A commercial property’s rent receipts are…
Commercial Case Notes
Court Did Not Err in Cutting Fee Award Based on Requested Fees Being Unreasonably High
By John Lundin
On October 9, 2026, the Fourth Department issued a decision in Wilmington Trust, N.A. v. Stradtman Park, LLC, 2026 NY Slip Op. 05883, holding that was not error to cut…
New Jersey Foreclosure Defense Blog
HELOC Draw Period Ending in New Jersey: Repayment Terms and Your Next Steps
By John Fazzio
Featured image: A home-equity line’s borrowing period and repayment terms should be reviewed separately. Illustrative photograph by Jakub Żerdzicki on Unsplash. Short answer: When a HELOC’s draw period ends, the…