Justice Arthur M. Schack, sitting in the Supreme Court, Kings County, has fined.
HSBC Bank $10,000.00 and the Law Firm of Shapiro, DiCaro and Brak $5,000.00 in sanctions. In his ruling he stated that both parties engaged in “frivolous conduct” during an attempted foreclosure against Eleanor Taher, a homeowner in Bedford Stuyvesant.
Judge Schack had previously dismissed with predjudice the foreclosure action brought against Eleanor Taher by HSBC Bank. The court had requested that an HSBC executive appear at the sanctions hearing.Justice Schack has in the past taken a tough position with regard to financial institutions acting improperly in foreclosure proceedings. The attorneys for Shapiro, DiCaro and Brak stated they would appeal Justice Schack’s ruling. In discussing the appeal, Patrick Bnaylon of Goldman Segalla, stated “we do not believe an attorney or a client should be punished while proceeding in reliance on existing law. Mortgage foreclosures are not popular cases these days but out system provides for representation by attorneys for anyone appearing before the judiciary. Protecting attorneys who appear for currently unpopular clients or causes from unwarranted sanctions is of the utmost importance to our system of justice.
We will keep you informed as to how this appeal plays out.
Foreclosure Defense Lawyers in New York
The foreclosure lawyers at the Law Offices of Schlissel DeCorpo can help you keep your home. If a foreclosure action is eminent, it is important that you retain the most qualified, experienced foreclosure defense lawyers available. The Law Offices of Schlissel DeCorpo has helped dozens of their clients keep their homes when faced with foreclosure lawsuits. The law firm submits answers to foreclosure lawsuits to the courts and to opposing counsel. Defenses such as defective foreclosure lawsuits, predatory lending, defective mortgages and a variety of other real estate related defenses are often utilized by the law firm to protect their clients. The firm appears at foreclosure court conferences on behalf of their clients and seeks to put pressure on the financial institutions to enter into mortgage modifications with their clients.
Filing for Bankruptcy to Stop Foreclosure
The firm also files Chapter 7 and Chapter 13 bankruptcies on behalf of their clients. Filing of a bankruptcy stops foreclosure lawsuits and also stops all other collection activity. Call for a free consultation. At our initial meeting we will discuss all of your foreclosure and bankruptcy options.
