Much like Congress did with Chapter 7 bankrutpcy, the NY courts have now enacted a rule that puts a huge burden on plaintiff side foreclosure attorneys. They must now certify that their papers – most of which come from their lender clients – are accurate and complete in residential foreclosure actions. In the face of […]
One firm in Florida came up with the idea of taking a second mortgage on their clients’ homes – so their clients can borrow money to pay foreclosure defense fees equal to a percent of what the law firm saved the clients in foreclosure litigation.
This article outlines the many problems associated with debt negotiation companies and the false claims they made. The FTC has stepped in to stop their abuse.
I just obtained a TRO in the Westchester Supreme Court to stop a post-sale eviction where a client had a pending loan modification for a year and did not receive any final determination or notice of sale. I am seeing more and more clients who have had loan mods pending for a long time where […]
My firm spent part of the last week drafting papers to stop an HSBC foreclosure sale set for tomorrow. We met with our clients, researched some of the background facts and legal issues and drafted an order to show cause to request a temporary restraining order in the Bronx Supreme Court. I went to the […]
Here is a NY Times article on the latest issue facing foreclosing banks – faulty docs and missing notes.
I am encountering a relatively new issue with loan mods. Banks are putting people into trial mods. Some homeowners were current at the time but facing an imminent default. Many months pass. Then the bank sues to foreclose based on a default alleging that the payment by the homeowner of reduced payments under the trial […]
This is a new area of law. The question that arises is what is the lender’s obligation during a loan mod. I have researched this and found many legal grounds to raise to support an order to show cause to stay a sale or vacate a sale where there has been bad faith by a […]
Bank freezes due to paperwork problems may cloud title in thousands of foreclosures.
I just attended a pre-screening conference this week for a nice couple who are trying to save their home. They encountered some hardships from a loss of income and a horrific amount of family deaths in the Haitian Earthquake. We went to court armed with our financial information and ready to discuss HAMP. We found […]