A common thing that I hear from new callers and clients is that their lender or servicer actually told them to stop paying the loan in order to qualify for a HAMP loan modification. It is an astonishing thing. What many homeowners do not know at the time is that this very same lender will likely be in a foreclosure court months later claiming the right to foreclose because of this default. This type of bad faith behavior is rampant throughout the mortgage industry. In an individual case, this type of conduct may give rise to several defenses including breach of contract, fraud, bad faith in violation of the NY mandatory foreclosure settlement conference requirements, equitable estoppel, unclean hands, and breach of the implied covenant of good faith. My firm is actively litigating these types of claims in the New York Supreme Court to protect owners of residential and commercial property. If you have a mortgage problem and want some advice, please email or call us to discuss it.

The press is reporting on a huge settlement involving major banks and $25 billion. The figure is so large that it is almost incomprehensible. Here’s the story. When I read this, I wonder if any of these people – the lenders, the attorney generals, or the economists – really have a clue. Read more