On February 18, Day Pitney's Consumer Finance team secured a monumental and precedent-setting victory before the New York Court of Appeals. Ditech Financial, LLC v. Naidu, Court of Appeals No. APL 2020-00023 (Feb. 18, 2021), which included three other appeals on similar issues, addressed when the six-year statute of limitations commences to run in a mortgage foreclosure action, and how a lender may revoke the acceleration. In a 26-page decision, the New York Court of Appeals reversed the ruling rendered against one of our clients by the Appellate Division and held that, absent a contemporaneous statement to the contrary from a lender, a voluntary discontinuance revokes the acceleration where the loan was accelerated by the commencement of a foreclosure action. The decision will have a far-reaching effect on foreclosure cases in New York.
The Day Pitney team was led by Christina Livorsi, who argued the appeal, with substantial support from Alfred W.J. Marks and Erin Hodgson, who were instrumental in the drafting of the papers. Day Pitney routinely represents mortgage servicers and lenders on issues like that involved in Naidu. Learn more about Day Pitney's Consumer Finance and Creditors' Rights group here.
Day Pitney Partner Joy Harmon Sperling will present on a panel entitled "How to Navigate Debt Collection Restrictions, Manage Liquidity Challenges, and Reconcile Opposing Demands from Consumers and Investors as a Servicer," at the 27th American Conference Institute National Forum on Residential Mortgage Regulatory Enforcement and Litigation.
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Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
On October 30, Andrew Ingalls spoke on a panel, "Emerging Federal Statute Developments and Strategies for Defending Against Innovative Borrower Claims," at the 26th National Forum on Residential Mortgage Regulatory Enforcement & Litigation, presented by the American Conference Institute (ACI) and held in Dallas, TX.
Christina Livorsi was quoted in the Reuters Legal article, "NY high court revives foreclosure actions, clarifies law."
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Firm Ranked Tier 1 Nationally for Energy Law and Trusts and Estates Law
Joy Harmon Sperling was featured in an article, "Rainmaker Q&A: Day Pitney's Joy Harmon Sperling," in Law360.
Stamford, Conn., August 24, 2015 - Day Pitney is pleased to announce that 68 attorneys have been selected for inclusion in the 2016 Best Lawyers in America. Best Lawyers ranks lawyers through peer-review surveys, and has been published annually since 1983.
Judge Christopher Droney (ret.) and Matthew Austin co-authored the article, "The Investigation and Enforcement Landscape Under the Garland Department of Justice," for the New York Law Journal.