Foreclosure Notice Rules Must be Complied With

Judge Angiolillo, sitting in the Appellate Division of the Second Department, has ruled that lenders must strictly comply with foreclosure notice rules. In 2008, foreclosure notice rules were enacted to protect homeowners confronted with foreclosure. Judge Angiolillo’s recent ruling requires that these rules be strictly complied with.

Foreclosure Proceeding

Aurora Loan Services sued Mr. Weisblum in a foreclosure proceeding. Justice Angiolillo found that the notice that was provided by Aurora Loan Services to Mr. Weisblum did not “substantially comply” with the requirements of the 2008 statute. The notice required that a minimum of five counseling agencies regarding foreclosure issues had to be provided to homeowners whose mortgages were past due. Justice Angiolillo further stated that the 2008 law, which was modified and expanded in 2010, was to “preserve and guard the precious asset of home equity.” In this case, Justice Angiolillo wrote that the mortgage company had neglected to submit an appropriate affidavit, which showed there was proper service of documents on Mr. Weisblum. Justice Angiolillo wrote for a unanimous panel of the Appellate Division.

Foreclosure Defense In New York

If your house is in foreclosure, we can help you. We’ve been fighting foreclosures for more than two decades. We litigate defective mortgages, defective foreclosure lawsuits, predatory lending, violations of federal laws and other real estate issues. We can help you obtain mortgage modifications and we can counsel you concerning mortgage modification programs that fail to meet your needs.

We also assist our clients with foreclosure related bankruptcies. These bankruptcies can either be a Chapter 7 or Chapter 13 bankruptcy. We will explain to you why filing bankruptcy may be the best route to deal with your foreclosure issues and the types of bankruptcies that are available to you. Filing the bankruptcy stops foreclosure proceedings from moving forward. It also stops other debt collection activities involving credit cards and other debts.

Feel free to schedule a free consultation. We will explain your foreclosure options to you. Thank you for visiting our foreclosure blog.

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