News - Advantage Foreclosure

July 17, 2026

Pung v. Isabella County: A Supreme Court Ruling That Redefines Compensation in Tax Foreclosure Cases

Pung v. Isabella County: A Supreme Court Ruling That Redefines Compensation in Tax Foreclosure Cases In Pung v. Isabella County, Michigan, the U.S. Supreme Court addressed a significant constitutional question concerning government tax foreclosures: When a government seizes and sells […]

July 15, 2026

The Impact of Tax Deeds on Mortgages in New York

The Impact of Tax Deeds on Mortgages in New York Introduction Property tax foreclosure proceedings can have significant consequences for both property owners and mortgage lenders. In New York, unpaid real estate taxes may ultimately lead to the transfer of […]

May 12, 2026

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June 9, 2023

INDUSTRY BULLETIN 2023-AF04 – PRIORITY OF COMMON CHARGE LIEN

In general, a lien for common charges is subordinate to a first position mortgage. However, in certain situations this will not be the case. A recent court decision discussed this issue. In Wilmington Trust , N.A. v. Elmwood NYT Owner, LLC, […]

May 2, 2023

INDUSTRY BULLETIN 2023-AF03 – EQUITABLE MORTGAGES AND TENANCY BY THE ENTIRETY

From time to time, not all the record owners of a property were a party to the mortgage. In most situations, one of the parties is deceased, whereby the surviving owner takes out the mortgage. However, what happens when both […]

April 4, 2023

INDUSTRY BULLETIN 2023-AF02 – CAREFUL DRAFTING WILL AVOID COSTLY ISSUES

When a Complaint is drafted, it must be done with precise intent. All of the required allegations as required by the RPAPL and CPLR must be recited in order to avoid title concerns upon a third party. If there are […]

February 28, 2023

INDUSTRY BULLETIN 2023-AF01 – THE LOAN MODIFICATION AGREEMENT COULD JEOPARDIZE YOUR LIEN POSITION

Lenders and borrowers continually enter into Loan Modification Agreements (hereinafter “Modification”) in order to resolve the pending foreclosure and put the parties back in good standing. This Modification usually works in the form of a single instrument, as opposed to […]

October 3, 2022

INDUSTRY BULLETIN 2022-AF02- POSSIBLE LIGHT AT THE END OF THE TUNNEL ON THE KESSLER DECISION

At the end of 2021, the Appellate Court issued a decision in Bank of America, N.A. v. Kessler, 2021 NY Slip Op 06979 (2nd Dept. 2021) whereby the Court dismissed an action for failing to comply with RPAPL §1304, a condition precedent […]

July 27, 2022

INDUSTRY BULLETIN 2022-07AF – CASE NOTES

At the end of 2021, the Appellate Court issued a decision in Bank of America, N.A. v. Kessler, 2021 NY Slip Op 06979 (2nd Dept. 2021) whereby the Court dismissed an action for failing to comply with RPAPL §1304. RPAPL […]

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