Author Archives: Brian Scibetta

Brian P. Scibetta is Partner at McCalla Raymer Leibert Pierce, LLC. His practice focuses on complex foreclosure and commercial litigation in New York and New Jersey, with an emphasis on appellate practice in both state and federal court. Scibetta also has experience in title disputes and post-foreclosure litigation. In particular, he has successfully litigated numerous matters in which the statute of limitations to foreclose has been the central issue. He prefers a creative approach to litigation, centered on problem-solving and finding a way to amicably resolve even the most challenging of disputes.

Measuring the Reach of NY’s Foreclosure Abuse Prevention Act

May 9, 2023

Attorney Rich Haber of McCalla Raymer Leibert Pierce discusses the impact of New York’s Foreclosure Abuse Prevention Act on the industry.

The Impact of Pre-Foreclosure Notices

January 5, 2022

A recent case in New York, Bank of America v. Kessler, has challenged a long-standing pre-foreclosure statute. Attorneys Rich Haber and Brian P. Scibetta take a closer look at its impact on the foreclosure process.

Proving De-acceleration In a Changing Landscape

January 7, 2021

Editor's note: This story originally appeared in the January edition of DS News. New York’s statute of limitations to initiate foreclosure has been an ongoing and persistent issue facing the mortgage servicing industry. Courts have shown a disturbing comfort level with ...

Save the Proof: Mailing Pre-Foreclosure Notices

February 25, 2019

Two experts explain why it is important for a servicer or a financial services law firm to retain the proof of mailing a pre-foreclosure notice and the consequences of not doing so.

Statute of Limitations: The Gift that Keeps on Giving

January 23, 2019

Here’s why servicers and attorneys must partner to deal with the statute of limitations law in New York, which remains an area of risk and confusion. Editor’s Note: This feature originally appeared in the January issue of DS News.