LaSalle Bank v. Shearon — New York Supreme Court Rules in Favor of Borrower Under Anti-Predatory Lending

Kelley Drye Client Advisory

New York Supreme Court recently found in favor of a homeowner who, in defending a foreclosure action, alleged that he was the victim of predatory lending practices prohibited by New York Banking Law. The court denied LaSalle’s motion and granted summary judgment for the homeowner based on his defenses under the state’s anti-predatory lending law. With decisions like Shearon, more and more consumers (and their lawyers) may use anti-predatory lending laws to stave off foreclosure. Moreover, liability extended to successors in interest implicates third-parties to the original loans, such as trustee and successor to the original lender. This article explains and analyzes some new underlying legal trends arising out of the subprime crisis.