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2 Aug 2021, 3:08 am by Andrew Lavoott Bluestone
“On a defendant’s motion to dismiss the complaint based upon the plaintiff’s alleged lack of standing, the burden is on the moving defendant to establish, prima facie, the plaintiff’s lack of standing” (BAC Home Loans Servicing, LP v Rychik, 161 AD3d 924, 925; see CPLR 3211[a][3]; Gobindram v Ruskin Moscou Faltischek, P.C., 175 AD3d 586, 591). [read post]
5 Aug 2017, 11:50 am by Wolfgang Demino
So the general limitations period still applies.[3]Applying the general rule that the time period for foreclosing on a lien is the same four-year period within which the creditor could have sued to recover the underlying debt, see Hoarel, 910 S.W.2d at 144, the statute of limitations for foreclosing to collect the repair assessments levied against Mahmoud and Jackson in 2006 and 2007 expired in 2010 and 2011, well before the Attorney Defendants sent their first demand letter on… [read post]
8 Dec 2014, 7:25 am
Category: Recent Decisions;Foreclosure Opinions Body: AC36105 - BAC Home Loans Servicing, LP v. [read post]
3 Aug 2014, 11:34 am by Law Lady
STATE OF FLORIDA, Respondent. 2nd District.Jurisdiction -- Non-residents -- Service of process -- Service by publication pursuant to Venezuelan law was sufficient to confer in personam jurisdiction where service was made in compliance with Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters -- Personal service is not required for Florida court to have jurisdiction to render a money… [read post]
23 Apr 2014, 7:40 am by Maureen Johnston
BAC Home Loans Servicing, LP 13-884Issue: Whether, pursuant to Section 1635(f) of Title 15 of the U.S. [read post]
22 Mar 2014, 10:52 pm by Kirk Jenkins
 Thursday morning, the Illinois Supreme Court clarified an issue of jurisdictional law which has divided the Appellate Courts with its unanimous decision in BAC Home Loans Servicing, LP v. [read post]
3 Dec 2013, 5:00 am by Kimberly A. Kralowec
BAC Home Loans Servicing, LP, ___ Cal.App.3d ___ (Oct. 31, 2013), the Court of Appeal reversed dismissal of the plaintiff's UCL and other claims stemming from an alleged wrongful foreclosure of his home. [read post]
11 Nov 2013, 2:55 pm by Kirk Jenkins
Our previews of the latest additions to the Illinois Supreme Court's civil docket continue with BAC Home Loans Servicing, LP v. [read post]
5 Nov 2013, 9:28 am by Rebecca Tushnet
BAC Home Loans Servicing, LP, 2013 WL 5848859, No. [read post]