Banks Paying Cash to Homeowners to Avoid Foreclosures

Banks, accelerating efforts to move troubled mortgages off their books, are offering as much as $35,000 or more in cash to delinquent homeowners to sell their properties for less than they owe. Here’s the story.

I’d suggest caution for any homeowner that is approached with a settlement offer from a lender. It would be wise to have an attorney review it first to determine exactly how it affects the debt and what rights are being waived.

Old Mortgages Rise From The Dead, Haunt Homeowners

MSNBC.com has this interesting article about old mortgages, dysfunctional banks and wrongful foreclosures.

New York’s Commercial Division – Electronic Filing

New York Supreme Court’s Commercial Division changed to mandatory electronic filing last year. It is a good system and has made filings easy to do and to prove. The State Courts are finally catching up with the Federal Courts. I have been filing papers electronically in the Bankruptcy Courts for years going back to the 90’s.  Here is the Court’s notice explaining the requirement.

 

If you have any legal questions or need help with electronic filing in court, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.

A Reprieve for Unemployed Borrowers

The NY Times has an article that may interest unemployed homeowners. If you need experienced legal help with your home mortgage, please call or email us.

Loan Modification And Mandatory Foreclosure Settlement Conferences – A Homeowner Without A Good Lawyer Is Asking For A Denial Letter

There are many who think that the Supreme Court’s mandatory foreclosure settlement program is a bust. I have read that in Florida they have discontinued a similar program because it was not working. Here in New York, when I go to court I see so many pro se (unrepresented) homeowners who try to do this themselves. If it is anything like the stats in pro se Chapter 13 bankruptcies filed by homeowners over the last two decades, it is very likely that these pro se homeowners are all doomed to fail in the loan mod system as well. Read more

New York’s Real Property Law Section 282 – How A Residential Mortgagor (A Homeowner With A Mortgage) Can Make The Lender Pay Legal Fees!

This new law passed last year allows a residential mortgagor (homeowner) to recover legal fees against a mortgage lender under certain circumstances. Homeowners in foreclosure should plead a counterclaim under RPL 282 for recovery of legal fees under any one-sided legal fee clause in the mortgage that allows a mortgage lender to recover its fees if it prevails – courts can treat these clauses as mutual and give them reciprocity in favor of the homeowner. Here is the law as of 1/19/12 from the Cornell law library: Read more