Motion to Foreclose Mortgage Denied

Long Island Foreclosure DefenseCitibank brought a foreclosure proceeding in Kings County Supreme Court before Justice Francois Rivera. Judge Rivera noted the affirmation submitted by Citibank relied on documents. Judge Rivera pointed out the documents need to be annexed to the affirmation and the affiant has to establish an evidentiary basis for the court to accept these documents. Judge Rivera ruled that the mere submission of these documents by counsel for Citibank without any detailed identification or presentation or authentication was an inadequate presentation.

Judge Rivera noted the motion papers submitted by counsel for Citibank stated there were exhibits labeled A through C. Citibank’s attorneys, in their moving papers, clearly described exhibits A and B. They did not explain what exhibit C was. Due to Citibank’s attorney’s failure to describe exhibit C, Judge Rivera completely disregarded it.

Bank’s Motion Was Ambiguous

Judge Rivera found Citibank’s motion papers to be ambiguous. He also felt they were incomplete. Judge Rivera stated in his decision he was not sure whether Citibank sought to substitute Federal National Mortgage Association (FNMA) as plaintiff because it was the owner of the note and mortgage or because it was the servicer of the owner of the note and mortgage. Judge Rivera’s decision stated, although an assignment evidencing the mortgage was assigned by Citimortgage to FNMA no evidence of an admissible nature was submitted that FNMA owned the note. In addition, no evidence was submitted showing FNMA had any authority to act as servicer on the note.

Conclusion

The standard that banks and their attorneys must meet to be successful in a foreclosure lawsuit is a very high standard. Unless the bank attorney is very careful and submits appropriate motion papers, their motions to foreclose on homeowners’ properties can be denied by vigilant judges.

foreclosure attorney on Long Island and New York CityElliot Schlissel is a foreclosure defense attorney who has been representing homeowners and helping them keep their homes for more than 45 years.

Bad Faith Shown by Bank in Court Proceedings

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Elliot S. Schlissel is a foreclosure attorney representing homeowners throughout the Metropolitan New York area for more than 45 years.  He can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.  The phones are monitored 24 hours a day, 7 days a week.

How Bank Lawyers View Foreclosure Cases

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Elliot S. Schlissel is a foreclosure defense attorney. He represents individuals and families throughout the Metropolitan New York area whose homes have gone into foreclosure. Elliot and his staff of lawyers take the appropriate legal action to keep families in their homes and avoid losing their homes in foreclosure proceedings.  He can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Lack of Standing Defense

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Elliot S. Schlissel is a foreclosure lawyer who has been representing homeowners for more than 45 years.  His goal is to keep homeowners in their homes.  He defends homeowners in foreclosure lawsuits and helps his clients in obtaining mortgage modifications.  He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

The Foreclosure Settlement Conference – Part II

foreclosure defense attorney on Long IslandPressuring Banks to Grant Mortgage Modifications

The negotiations that take place in the foreclosure settlement conference courtrooms, put pressure on the lending institutions to grant mortgage modifications to homeowners. At the first conference meeting, the attorneys for each of the parties introduce themselves and the court referee or magistrate handling the conferences take into consideration each of the parties’ desires to work out non-foreclosure alternatives through negotiations.

After the first foreclosure court conference takes place, the matter is usually adjourned for several months to allow the homeowners to submit a new mortgage modification package. At the adjourned date, the referee looks into whether all the requirements of the mortgage modification submission have been met and/or whether the financial institution seeks more information. This will usually require a second adjournment for several months. These settlement court conference appearances add a significant amount of time to the foreclosure process. Cases can be in the foreclosure conference part for as long as four months to a year.

If the foreclosure conferences do not result in a mortgage modification or other resolution of the underlying issues in the foreclosure case, the court will refer the case out to a regular court part where the litigation will continue.

Conclusion

Foreclosure court conferences give a homeowner another chance to obtain a mortgage modification. It also slows the court procedures down and allows the families who are not going to get mortgage modifications to remain in their homes for longer periods of time.foreclosure defense attorney

The Foreclosure Settlement Conference – Part I

foreclosure on Long IslandGovernor Cuomo, a number of years ago, established foreclosure settlement conferences as a requirement for all foreclosure lawsuits in the State Of New York. An extremely important area in foreclosure defense involves an attorney representing the homeowner at foreclosure settlement conferences. At these conferences, there are meetings between the foreclosing institution’s attorneys, and the attorneys for the homeowner. These meetings are supervised by court appointed referees. It is the referee’s duties to see if he or she can get the parties together to work out a loan modification to allow the homeowners to continue to reside in their homes and have the foreclosure proceedings withdrawn.

Submission of Documents

Besides attending the foreclosure court conference, it is necessary for the homeowners to submit detailed mortgage modification packages through their counsel. The submission at the foreclosure court conference is different than the submissions made by homeowners outside of court supervision.

Complaints Regarding The Home Affordable Mortgage Program (HAMP)

There are numerous complaints with regard to the Home Affordable Mortgage Program (HAMP). Homeowners, rightfully so, complain the banks jerk them around, lose their documents, don’t respond to their communications and that the program simply doesn’t work.

One of the purposes of the mandatory foreclosure settlement conferences is to put pressure on the financial institutions to properly underwrite the mortgage modification applications and act in good faith. There are penalties potentially available for financial institutions who fail to act in good faith and properly underwrite mortgage modification applications submitted pursuant to the mandatory foreclosure conference parts.foreclosure defense attorney

Mandatory Foreclosure Settlement Court Conferences

Please click on the link below to watch today’s video blog:

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Elliot S. Schlissel is a foreclosure lawyer representing homeowners throughout the Metropolitan New York area for more than 45 years. He regularly sues banks to set aside mortgages and help keep his clients in their homes.  He and his associates can be reached at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Coming Soon: 3% Mortgage Down Payments

foreclosure defense for homeownersThe federal government has come up with a new plan to encourage individuals without significant funds to be able to buy homes. Under this new plan, prospective homeowners will be able to obtain mortgages with down payments as low as only 3% of the purchase price. There is a debate as to whether this is a good thing or a bad thing. These new 3% down payment mortgages are coming less than a decade after the tremendous housing collapse America recently experienced.

First Time Home Buyers

The purpose of the program is to help lure first time home buyers back into the housing market. Is a 3% down payment loan risky? If the individuals putting the 3% down and buying a home have set aside an emergency fund in the event they lose their job or become ill, it may be a good idea. However, this writer’s experience with individuals taking these type of loans is they do not have emergency funds. The 3% is usually all they have. Without an emergency fund, should the roof leak, the boiler go bad, or one of the family members lose their job, they will be unable to make the mortgage payments and the house will go into foreclosure.

A 20% Down Payment

Most conventional mortgages require a 20% down payment today. I also have problems with this level of down payment. Most young people coming into the housing market do not have the 20% down payment. A more reasonable down payment on a conventional mortgage would be 10%. Unfortunately, pursuant to a 2012 Center for Responsible Lending Study, it found even a 10% down payment would require the individuals purchasing a home with a 2010 median value of $158,000, would take 21 years for the average family to save this amount.

The American Dream

Owning a single family home is the American dream. An equilibrium must be found which will motivate and help young people to purchase homes while not putting them into a situation where they are overextended. Owning a home is one of the bed rocks young married couples have. This is the American dream and that dream must not be kept out of reach for young couples!

foreclosure defense lawyer in New YorkElliot Schlissel is a foreclosure attorney. He represents clients who unfortunately fall behind on their mortgages and face the possibility of losing their homes in foreclosure.

HAMP Mortgage Modifications

To watch today’s video blog, please click on the link below:

http://youtu.be/28MzOIkq3Ws

Elliot S. Schlissel is a foreclosure defense attorney.  He and his associates have been representing homeowners and keeping families in their homes for more than 45 years.  Elliot defends foreclosure litigation and helps his clients obtain mortgage modifications.  He can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Zombie Homes

mortgage modification attorneyA “zombie home” is a home which is no longer under the control of the owners, but the foreclosure case is still pending and therefore the bank does not have legal title or possession of the home.

Foreclosed Abandoned Homes

There are communities which have numerous foreclosed homes within them. Sometimes the homeowners abandon these homes. This has a negative effect on the tax base. The other homes in the area have their taxes go up as a result of this action. The abandoned homes fall into disrepair causing the homes surrounding them to lose value. When people drive through an area with abandoned homes, it creates a blight on the neighborhood. Zombie homes are a problem in many neighborhoods throughout the United States. It is estimated that as many as 20% of the homes in foreclosure are vacant.

Proposed New York Program

In States such as New York, where the foreclosure process is long, the issue of zombie homes becomes a larger problem. Attorney General Schneiderman in the State of New York is currently backing an idea of letting communities create land banks for the purpose of buying, refurbishing, and reselling abandoned homes. Attorney General Schneiderman has proposed legislation which would force lenders to maintain a property which has been abandoned after the start of the foreclosure lawsuit.

Maintenance Problems of Abandoned Homes

Homes that are abandoned often have significant maintenance problems. Pipes burst. The wood rots. The lawns sprout weeds. These homes create eyesores and create a blighted effect on the neighborhood.

Syracuse Land Bank Program

Katelyn Wright, the Executive Director of the Greater Syracuse Land Bank, recently stated “studies have shown that they [abandoned homes] have a dramatic negative impact on the property values for the homes in the surrounding vicinity, but also less dramatic but still notable for homes in a several block radius.” Katelyn Wright, as Director of the Greater Syracuse Land Bank, has been involved in dealing with abandoned homes in the Syracuse area. Syracuse experiences as many as 50 new abandoned homes each month. The Land Bank buys many of these homes for a very modest price using State, City and County funding. The homes are then either rehabilitated and put back on the market or, if they are not able to be rehabilitated, they are demolished. This is an example of how one community is dealing with zombie homes.

foreclosure defense lawyer in New YorkElliot Schlissel is a foreclosure attorney who represents homeowners whose homes have been foreclosed on. He helps keep his clients in their homes and advises his clients not to abandon their homes.

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