Windward Bora LLC v. Cohen
United States District Court for the Eastern District of New York
570 F. Supp. 3d 53 (2021)
- Written by Eric Miller, JD
Facts
David Cohen (defendant) defaulted on his mortgage in 2012. Cohen started a business in 2019, but the onset of the COVID-19 pandemic in 2020 negatively affected his ability to make a profit. In 2021, the United States District Court for the Eastern District of New York granted summary judgment in favor of the mortgage lender, Windward Bora LLC (plaintiff), as part of a yearslong foreclosure action. Cohen filed a hardship declaration pursuant to New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEPA), seeking to stay the foreclosure sale. Windward Bora challenged Cohen’s hardship declaration, asserting that even though Cohen’s business suffered as a result of the pandemic, Cohen had already been in default on the mortgage for several years before 2020.
Rule of Law
Issue
Holding and Reasoning (Brown, J.)
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