Professors' Corner Webinar May 14, 2024, 12:30 to 1:30 pm ET, "Accelerating and De-accelerating the Mortgage Note"
Green, Prof. Shelby
Please join us for a Professors’ Corner Webinar:
Accelerating and De-accelerating the Mortgage Note
Tuesday, May 14, 2024, 12:30 to 1:30 pm ET
Abstract: The acceleration of the mortgage note after default is an essential step toward the mortgagee’s remedy of foreclosure
and it starts the running of the statute of limitations. What had long been thought an easy proposition—that a subsequent de-acceleration,
either unilateral or by agreement, operates to reset the statute of limitations—is now in contention. Under the recently adopted New
York Foreclosure Abuse Prevention Act, an acceleration is an irreversible trigger of the statute of limitations and the Act applies to
foreclosure actions pending at its adoption. But, on a certified question from the U.S. Court of Appeals for the Fifth Circuit, the Texas
Supreme Court in Moore v. Wells Fargo Bank N.A., declared the opposite was the case in Texas.
The former scenario makes workouts/forbearances risky and may force mortgagees to pursue the more burdensome foreclosure remedy.
The panelists will discuss recent cases and legislation on this issue and share insight on how to navigate around the pitfalls.
Panelists: Prof. (Emeritus) James C. Smith, Univ. of Ga. School of Law, David Zive, Ballard Spahr, LLP, Philadelphia, Pa.,
Daniel Durell, Locke Lord, LLP, Austin, Tex.
Moderator: Prof. Shelby D. Green, Elisabeth Haub of Law, Pace University
Registration: The webinar is free, but you must register at this link: https://www.americanbar.org/events-cle/mtg/web/438778375/.
More information: Contact Shelby D. Green, sgr...@law.pace.edu.
Shelby D. Green
Professor of Law
The Class of 2003 Faculty Scholar
Elisabeth Haub School of Law, Pace University
78 North Broadway
White Plains, N.Y. 10603
Green, Prof. Shelby
Reminder of American Bar Association, Real Property Trust & Estate Section, Legal Education and Uniform Laws Group Professors’ Corner Webinar.
Don’t forget to register for the upcoming webinar described below! Thanks.
Shelby D. Green
Professor of Law
The Class of 2003 Faculty Scholar
Elisabeth Haub School of Law