Foreclosure Scam by the Rich and Well Connected

In 2010, One Million Homes Foreclosed and Repossessed in the United States

Posted by Elliot S. Schlissel, Esq.

2010 was the worst year in modern history with regard to homes being foreclosed on in the United States. One million American families were forced out of their homes. It is estimated that we will break this horrendous record in the year 2011 and more than a million families will be forced out of their homes due to foreclosures.

It is estimated that more than five million mortgage holders are more than two months behind in their mortgage. Unless more jobs are created by the Obama administration, it is expected that more Americans will lose their jobs in 2011. As foreclosures increase, the home values in the areas with high levels of foreclosures decrease.

2.9 million homeowners received foreclosure filing notices in 2010. This amounts to virtually one in every forty-five homeowners receiving a foreclosure notice. In December alone, more than a quarter of a million homeowners in the United States received a foreclosure notice. As incredible as this sounds, this is good news! This is the lowest amount of foreclosure notices in the past thirty months. The reduction in foreclosure notices was caused by banks reviewing their foreclosure processes after there were numerous instances where it was found that evictions and foreclosure documents were being inappropriately handled by financial institutions. There has also been lawsuits by the Attorney Generals in all fifty states that have put banks under greater scrutiny regarding their practices concerning foreclosing on homes.

Arizona was the leader in 2010 in foreclosures. One in every seventeen households in Arizona received a foreclosure notice. Florida came in second. One out of every eighteen homeowners in Florida received a foreclosure notice. Approximately fifty-percent of the foreclosure notices in the United States were in the five states of California, Illinois, Arizona, Michigan and Florida.

New York Foreclosure Problems

Suffolk County on Long Island had the highest foreclosure rate in New York State in the year 2010. Although the foreclosure rates in New York are lower than many other states, they are still extremely high by traditional standards. The foreclosure crisis in the state of New York is causing real estate values to be depressed.

Foreclosure Defense in NY

Our law firm represents New Yorkers in foreclosure defense proceedings. We litigate foreclosures on behalf of our clients in the five boroughs of the City of New York, Nassau and Suffolk Counties on Long Island, as well as Westchester County. We attend foreclosure conferences on behalf of our clients, we deal with bad faith predatory lending issues, mortgage modification problems, mortgage modification programs and defective foreclosure lawsuits. We are available 24/7 to assist our client. Feel free to call us should you need help to save your home! Our telephone numbers are 1-800-344-6431, 516-561- 6645 or 718-350-2802.

Bank Acts in Bad Faith Regarding Mortgage Foreclosure

Posted by Elliot. S. Schlissel, Esq.

Justice Spinner, sitting in the Supreme Court in Suffolk County, recently had before him the case of U.S. Bank National Association v. Mathon. In this case, the bank had offered homeowners a three-month trial modification to their mortgage. The homeowners accepted the agreement and made the payments. The bank advised the homeowners, in writing, that a final modification would be forwarded to them in the very near future. The homeowners waited, and waited, and waited. They waited for an entire year. After a year had passed, they received notification from U.S. Bank National Association that their mortgage modification request had been turned down.

During the course of the one-year waiting period, the homeowners made ten additional mortgage payments. These payments were made on a timely basis and they were all accepted by the bank without protest. Thereafter, the bank made an application to the court to obtain a judgment in the foreclosure proceeding and sell the homeowners’ property. The homeowners brought an application by Order to Show Cause which motivated the bank to withdraw their request for a judgment of foreclosure and sale.

Hearing Held by Judge Spinner

Judge Spinner ordered a hearing regarding what had happened on this mortgage. The focus of the hearing was to look into whether the bank had acted in good faith or whether they acted in bad faith. If the bank acted in bad faith, the court was going to consider sanctions and other remedial measures against the financial institution. The court noted in its decision that the conduct of the bank in this matter was “rife with bad faith”. They had accepted twelve payments on a three-month trial modification. There had made the homeowner wait a year to find out that even making the twelve payments in good faith, they were getting turned down for their mortgage modification. There were both written and verbal assurances by the bank that the homeowners would receive a permanent loan modification.

Long Island and New York City Foreclosure Defense Lawyers

We defend homeowners whose homes are in foreclosure. We assist homeowners in obtaining mortgage modifications. We litigate bad faith procedures by financial institutions. We attend foreclosure conferences in court. We are familiar with the problems concerning mortgage modification programs that, instead of helping the homeowner, simply don’t work. We deal with predatory lending situations and defective foreclosure lawsuits. We are the New York Foreclosure Defense Law Firm that has presented innovative defenses for our clients. If your house is in foreclosure or you have financial problems related to your mortgage, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802. We can help you save your home! Call us now!

NY Courts Apply New Foreclosure Rules

Supreme Court Justice Meyer, sitting in Rockland County, New York, had an order of reference on a foreclosure action in the matter of City Mortgage Inc. v. McGee. Justice Meyer, upon reviewing the new administrative orders of the chief judge of the New York State Courts, took note that City Mortgage’s lawyer must file an affirmation in a form prescribed by the new administrative order.

The administrative order stated that attorneys for financial institutions involved in foreclosures must include in all such filings a mandatory affirmation that they have communicated with the financial institution’s representative. The representative must have advised them they have personally reviewed the documents and records relating to the case. The personal representative from the financial institution must also have confirmed the actual factual accuracy of the paperwork and filings. Furthermore, they also must confirm that the notarization of the documents submitted by the financial institution was proper and correct.

Justice Meyer stated that “the clear intent of the new rule was to assure accountability for and accuracy of all court filings in foreclosure actions”. The Judge’s position was that after October 20, 2010, the attorney for the financial institution must file an affirmation concerning all applications made at any and all stages of new and pending foreclosure proceedings. Justice Meyer didn’t believe the documentation submitted in this case complied with the administrative judge’s order. Justice Meyer took the position that if he discovers any wrongful filing or any wrongful prosecution of a foreclosure action, it may cause him to institute a disciplinary action and/or other sanctions against the attorney submitting these documents.

Justice Meyer’s position regarding the accuracy and truthfulness in foreclosure proceedings gives defense counsel a very important tool. Now the financial institutions and their attorneys are under the gun to see to it that they have all the correct paperwork before they can institute foreclosure proceedings.

Foreclosure Defense Attorneys

The foreclosure defense attorneys at the Law Offices of Schlissel DeCorpo have been representing homeowners in foreclosure proceedings for more than 45 years. Our office takes an aggressive stand in these proceedings. We often counter sue the financial institutions because of their failure to fulfill all of their responsibilities to comply with various statutes and regulations. Our office attends foreclosure conferences in court on behalf of our clients. We assist our clients in mortgage modifications. We discuss with our clients the problems concerning mortgage modification programs. We actively pursue foreclosure defenses for our clients. We also discuss with our clients defective foreclosure lawsuits and issues concerning predatory lending.

If your house is being foreclosed, we are the foreclosure defense attorneys for you. Call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Foreclosure Defense in Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick and Bellmore, New York

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