250 Lawsuits Involving Debt Negotiation Companies That Lied To Consumers

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.

TRO Stops Post-Sale Eviction

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 the lenders have not been very cooperative.

Temporary Restraining Order Stops Foreclosure Sale At Last Minute

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 court on Thursday and the Court granted the TRO on Friday staying the sale. The primary legal ground relied on was that the lender still had not issued a final determination on a loan modification. We cited numerous laws requiring good faith in this process in order for the sale to be regular and valid under CPLR 2003.

If you are facing an imminent sale, time is very short. You should call or email my office asap to discuss whether we can help.

Banks Relying On Faulty Docs To Foreclose

Here is a NY Times article on the latest issue facing foreclosing banks – faulty docs and missing notes.

When The Trial Mod Causes The Default

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 mod are a default because the loan is now delinquent. Client calls me for help. I am not making this up.

Filing An Order To Show Cause Based On Bad Faith In Loan Modifications

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 lender during a loan modification review. If you have a New York property and encountered questionable practices, you may want to schedule a consult and have a detailed legal review of your rights.