Foreclosure Proceeding

Recently I submitted a Motion to Dismiss a foreclosure proceeding in Supreme Court of New York. It was based upon the improper assignment of a note and mortgage from the original lender to a third party. Since the corrected assignment of mortgage was not recorded until after the case was commenced, the plaintiff did not have the required standing to start the action.

While the area of foreclosure defense is expanding, the lenders are tightening up their practices to avoid these loopholes.The role of the foreclosure defense attorney is to look for a smidgen of a defense to give a client more time to either sell the house or regroup his or her financial situation.

New Admittance to Federal Court

I was recently admitted to practice law in the United States District Court for the Western District of New York. This is to enhance my practice in commercial law (collections and bankruptcy law).

A Recent Seminar in NYC

I recently attended a seminar in NYC entitled ”Hot topics for solo practice attorneys.” While the journey down there was difficult (3 hours on a bus during a snowstorm) the trip was worth it. Hot topics keep solo practitioners on the cutting edge of the law. This included updates on foreclosure law, elder law and the new “Family Health Care Decision Act.”

This state law which was signed into law on March 16,2010 applies to health care decisions to an incapable patient who does not have a health care agent nor a living will. This law provides a mechanism to establish authorization for a patient’s family or close friend to then make those decisions.

Basically the hospital or facility must now a process to determine if a patient lacks capacity for this purpose and if so the order of priority as to the persons who may act as a surrogate decision maker. Has anyone been involved with this new law? I would like to hear from you. For example, what would occur if a brother or sister, who may have priority is not as capable as a close friend would be to the patient? Thanks for your input.

Real Estate Closings

The real estate market is very slow this time of year. Hopefully in the Springtime the market will improve! I welcome any input or comments from other real estate professionals.


My name is Paul Marks and I am an attorney with a solo practice in Orange County, NY in the fields of real estate, collections, family law, estates and trusts and criminal law (misdemeanors and violations).  I hope to use this blog to comment on pertinent legal issues in Orange County and surrounding areas.  I am quite new to blogging, so any assistance that can be provided will be more than welcome!

In the meantime, please visit my website for more information about me until I get this page fleshed out.