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Commercial Litigation & Appeals
Mortgage Foreclosure Defense
Loan Modification
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* CONSULTS
Cases and disputes can vary in complexity. Some can be handled in a routine 20 minute phone consult. More complex matters will require time to review and analyze documents and legal issues. If your matter is more complex, we may offer you a paid one hour consultation or hourly services, depending on the time needed to properly evaluate your situation. We always require a signed retainer agreement before we begin to provide legal services. The agreement will detail the scope of services included as well as your rights as a new client.
CONTACT US
Lanin Law P.C.
330 W 38th St., Suite 506
New York, N.Y. 10018
(212) 764-7250
*on W38th St. between 8th and 9th Avenues, walking distance from Port Authority, Times Square, and Penn Station
How To Use Loan Modifications To Stop Foreclosure
/in Foreclosure & Loan Mod Blog /by Scott LaninMore and more clients are seeking loan modifications to change their loan payment terms as their ARMs reset or simply because of changed circumstances that make paying their regular mortgage payment too difficult. Read more
Mortgage Aid Programs Flop
/in Foreclosure & Loan Mod Blog /by Scott LaninSo far the government’s attempts to help hundreds of thousands of homeowners avoid foreclosure is having little effect. Read about it here.
Foreclosures Spike 25%
/in Foreclosure & Loan Mod Blog /by Scott LaninForeclosures spike 25 per cent year-on-year – Real estate- msnbc.com
New York State Banking Law High Cost Loans Clause May Help Homeowners Turn The Tables On Mortgage Lenders With Predatory Lending Claims
/in Foreclosure & Loan Mod Blog /by Scott LaninIn my 10/22/08 post I discussed the recent case of Lasalle v Shearon and the application of the New York State Banking Law to protect consumers against predatory lending. For those who may want to read the Banking Law on “High Cost Loans” I have copied the entire section here. Read more
A Blueprint For Predatory Lending Claims Under New York Law
/in Foreclosure & Loan Mod Blog /by Scott LaninEarly this year the Richmond County Supreme Court issued an important decision for consumers dealing with foreclosure. LaSalle Bank, N.A. v Shearon, 2008 NY Slip Op 28032 [19 Misc 3d 433] January 28, 2008.
The decision is almost a blueprint of the claims that some homeowners can assert for predatory lending where the lender approved excessive financing including points and brokers fees and costs, did inadequate or no due diligence regarding the borrower’s ability to repay the loan, intentionally placed the borrower into a subprime loan, did not provide truth in lending disclosures, forged documents or used coercive tactics.
Here is a very good synopsis of the case by the Kelly Drye law firm.
If you think your mortgage loan may fall into this category please call my office at (212) 764-7250 x 203 and we will schedule a free phone consultation to review your situation.
Scott Lanin, Esq.
Another Predatory Lending Case And It’s A Doozy
/in Foreclosure & Loan Mod Blog /by Scott LaninIt never ceases to amaze me but this latest one is a doozy. My new client has told me his story – and I believe him – about predatory lending. I won’t name names because this is an on-going confidential matter, but here are the facts.
Client borrows funds to buy a 3 family investment property in Brooklyn. He purchases it from a lender that took back title after a foreclosure action. He has good credit. He works for a phone company. This is his first venture into real estate. He is looking to get supplemental income from rents or at least to build up some equity. He gets bogged down in eviction proceedings to remove some non-paying tenants. Soon, he finds that he is now being sued by his lender in a foreclosure action. He cannot locate his file for his closing so he calls the lender and requests copies. They send it to him. He starts reading his loan application and discovers some fascinating things. Read more