Town of Brookhaven Taking Action Against Banks Who Failed to Maintain Foreclosed Properties

foreclosure defense lawyersTown officials in Brookhaven are moving forward to take action against financial institutions which have failed to maintain hundreds of homes and other structures they have taken title to in foreclosure lawsuits. During the past twelve months, town workers have been forced to board up more than three hundred homes that have fallen into disrepair which are owned by financial institutions as a result of foreclosure proceedings. Town of Brookhaven Supervisor Edward P. Romaine, recently stated “banks let the houses fall apart; did not adequately maintain them and didn’t stay in touch with the local government.”

Foreclosed Homes Devalue Their Neighbors’ Property

It is estimated when a home goes into foreclosure and falls into disrepair it has a negative financial impact on the surrounding homes of approximately $10,000 to $20,000. In addition, vacant homes attract drug dealers and prostitutes.

Property Registration Law

The Town of Brookhaven is in the process of passing a property registration law related to vacant homes. The statute would have a registration fee of $100 for a home or building which has been vacant for less than a year. The failure of financial institutions to comply with this regulation would cost them between $1,000 and $15,000 in fines. The statute would also allow the Town of Brookhaven to place liens on vacant homes and buildings for maintenance work the Town is forced to do. This maintenance work would also include maintaining the property, cutting the grass and trimming trees.

Councilwoman Jane Bonner from Coram has taken the position banks should be held accountable for homes they have taken back in foreclosure. She maintains a strong position it is not the government’s responsibility to maintain property owned by financial institutions.


assistance for homeownersForeclosures not only remove families from their homes. They have a negative effect on the surrounding homes and create blights in the neighborhood if the foreclosed homes are not maintained.

What Do You Need to Know Before Buying a Home?

foreclosure defense attorneysWhen buying a home, prospective purchasers need to look at all of the factors involving the home. They should not be overly focused on the most attractive details of their prospective purchase. Sometimes prospective purchasers fall in love with the kitchen or the bathrooms. While an attractive kitchen and modernized bathrooms are important, there are other factors to be taken into consideration when purchasing a home.

The Home’s Condition

Before purchasing a home, every prospective purchaser should hire an engineer for the purpose of looking into the heating system, plumbing system, electrical system, checking that the roof doesn’t leak, and looking into the structural integrity of the house. The engineer should be especially careful to look into whether the house has drainage issues and/or whether it floods in heavy rainstorms.

Location, Location, Location

Before purchasing a house you should drive around the house’s neighborhood. You should look into how far the house is from schools, public transportation, and stores. Purchasing a house in an area that has an excellent school district adds value to the house and will help your children advance in their lives and careers.


The amount you will be paying each year for school taxes and real estate taxes should be a significant factor in making a decision as to whether this is the right home for you. Unfortunately, taxes usually go up. You should take into consideration how much the taxes in this area have risen in the last few years and plan to pay higher taxes in the future on the home.


Are there businesses, factories or other circumstances nearby the prospective home that will cause either a noise, pollution or general type of nuisance for you?

Home’s History

Some people are very superstitious about buying a home where individuals died or were murdered in. If this is an issue for you, you should look into the history of who owned the home and what happened to those former homeowners.

Meeting Your Needs

Lastly and most importantly, the home must meet your needs. Are there enough bedrooms? Will there be enough space in the home? Above all, can you really afford this home?

helping homeowners stay in their homesElliot S. Schlissel, Esq., for more than 45 years has been representing homeowners with regard to the purchase and sale of single family homes. In addition, Elliot and his aggressive associates fight foreclosure lawsuits, help their clients obtain mortgage modifications, and are well known foreclosure lawyers.

Home Sales Are Brisk In May 2013 On Long Island

real estate attorneysThere were more homes for sale on the market in May of 2012 than there were in May of 2013 on Long Island. There were more new listings in Nassau County in May of 2013 than there were in May of 2012, due to the resurgence of more buyers coming back into the market place to purchase homes.

Supply And Demand Of Homes On The Market Place

Jonathan Miller, the President and Chief Executive of an appraisal firm called Miller Samuel Inc., recently stated “the supply coming on to the market can’t keep pace with demand.” He was referring to the market place in Nassau County. The strong demand by prospective purchasers is reducing the inventory of homes on the market in Nassau County. Although the inventory of homes on the market for sale has been decreasing, it is still greater than the normal inventory that existed prior to the housing crisis. A 6 ½ month supply of homes on the market is considered a balanced market in New York.

Home Prices Rise Slightly

The sale prices of homes in May rose approximately 4% in Nassau and Suffolk Counties on Long Island. This is far below the 15.4% increase in the sale prices of homes overall in the United States. However the 4% increase is still a positive factor. Rising home prices impact on the confidence in the economy. Cecelia Chen, a housing analyst for Moody’s Analytics recently stated “we are making strides towards a healthy market in terms of pace of activity.” She also stated, “Home prices are rising and construction activity is picking up, home sales are picking up, but the pace is exceptionally strong.”

Any increase in the amount of homes being sold and the prices they are being sold for is good for homeowner’s all over Long Island.

About the Author

helping homeowners stay in their homesElliot S. Schlissel, Esq. is an attorney practicing on Long Island for more than 37 years. His law firm handles a variety of real estate matters, foreclosure law suits, and issues involving mortgage modifications.

Improving Your Chances of Obtaining a Mortgage

For a period of time in America, mortgages were being given out by financial providers without the appropriate due diligence requirements being met. This caused a mortgage crisis in the United States that we are still dealing with. There are currently new rules in place regarding obtaining mortgages. The rules are strict and the requirements are more difficult to meet.

Credit Scores

It takes a much higher credit score today to obtain a mortgage than it did five years ago. Prior to obtaining a mortgage, it is important that you investigate your credit score. If your credit score is not high enough to obtain a mortgage, procedures can be undertaken to increase your credit score.

Paying Down Debt

If you have significant debt from credit cards, car loans or other types of debt, it can have a negative impact on your credit score. By paying down your debt you improve your income to debt ratio, which in turn will raise your credit score.

Don’t Make Large Purchases

If you’re planning on buying a home, do not apply for additional credit cards and do not make large purchases on your existing credit cards prior to buying your home. Lenders will look into these activities and it will have a negative impact on their underwriting process.

Put More Money Down As a Down Payment

Lenders today are looking for 20% down payment before giving mortgage loans to prospective homeowners. If you could put down more than the 20%, it will increase your chance of getting a mortgage loan.

The mortgage process will require that you produce tax records, pay stubs, bank statements, credit reports and other financial documents. Maintain all of these documents in an organized fashion. This will ease the burden of filling out the mortgage loan applications.

Beware of the Twenty Eight Percent Standard

Banks today are following guidelines that total housing expenses should not exceed 28% of your monthly gross income. If you exceed the standard it will be difficult for you to obtain a mortgage.

Foreclosure Defense

Foreclosure is a nasty term. Foreclosure notices are depressing. There’s a tendency when your financial troubles are out of control to try to avoid these problems. This is a wrong way of dealing with this problem. Come to us, we can help you! We litigate all aspects of foreclosure proceedings including, but not limited to, defective foreclosure lawsuits, defective mortgages, predatory lending issues, bad faith, and other real estate legal issues. We attend foreclosure court conferences for the clients we represent. We also assist our clients in the preparation of mortgage modification applications, as well as deal with mortgage modification programs that are unresponsive to our clients’ needs.

In certain situations, foreclosure related bankruptcies can be utilized to stop foreclosures from moving forward. Upon filing either a Chapter 7 or a Chapter 13 bankruptcy, the bankruptcy court issues an automatic stay that stops the foreclosure lawsuit from moving forward. It should be noted that bankruptcy proceedings are brought in the United States Bankruptcy Court, while foreclosure proceedings are brought in New York State Courts.

For our clients who file bankruptcy, we can sometimes eliminate second mortgages. We also can assist our clients in re-establishing their credit after filing bankruptcy. Should you have questions as to what type of bankruptcy would be appropriate for you or whether there is other alternatives related to foreclosure defense, feel free to contact us. At your initial free consultation, we will discuss all of your foreclosure options. We look forward to seeing you again on our foreclosure blog.

Mortgage Reform by President Obama

President Obama seeks to reform the mortgage industry in the United States. He plans on accomplishing this by significant changes in government backed Fannie Mae and Freddie Mac. President Obama has presented several different options to the United States Congress for reducing the country’s dependence on Freddie Mac and Fannie Mae. His program is one of fundamental reform of the mortgage industry. He hopes these reforms will provide greater protection for consumers and allow middle class Americans to obtain affordable mortgages.

Fannie Mae and Freddie Mac

Government backed Fannie Mae and Freddie Mac are involved in approximately 90% of the mortgages, one way or another, in America. As of now, these two government backed agencies have over $150 billion dollars in losses! It is anticipated these losses will climb to $400 billion dollars before the housing bubble is completely corrected.

New Programs

Some of the recommendations made by President Obama’s reform team will require Fannie Mae and Freddie Mac to charge banks the same amount for loan guarantees as paid by private financial institutions. Currently, federally backed mortgage loans can go up to $729,750. One of President Obama’s reforms would be to reduce this amount to $625,500. It is anticipated that this action will motivate the private banking sector to make more high-value mortgage loans.

The administration also seeks to have a minimum down payment of 10% regarding all government backed loans. One of the problems that caused the mortgage bubble is that Freddie Mac and Fannie Mae have been making loans with zero down payment. Query – if a homeowner has no money to put down for the purchase of a home, isn’t this an indication that if things do not go well, they will quickly walk away from making their mortgage payments? This is what caused the housing crisis. The giving of inappropriate mortgage loans to unqualified prospective homeowners!

The removal of government guarantees from the loan market is opposed by various special interest groups. Real estate agents, home builders, home supply companies, mortgage brokers and other individuals who make a living from the housing market oppose any changes to the current system. The Obama Administration seeks to make changes to the mortgage market over a five-year period.

Mortgage Modification and Foreclosure

If you have problems making your mortgage payments, reducing the amount of your monthly payments is a good idea. All financial institutions currently have mortgage modification programs. Unfortunately, some mortgage modification programs fail to provide belingered homeowners with realistic alternatives to their current mortgages. Our law office can help you deal with the complexities of the various mortgage modification programs.

Foreclosure is the process by which a bank takes back a home for the nonpayment of a mortgage. Should you be facing foreclosure, we can keep you in your home. Our foreclosure defense lawyers have developed an expertise in fighting these lawsuits. Once a lawsuit is initiated, we attend foreclosure court conferences on behalf of our clients. We defend defective foreclosure lawsuits. We deal with issues of predatory lending, defective mortgages and the failure of financial institutions to obtain the proper assignments and paperwork necessary to initiate litigation. We also update this foreclosure blog on a regular basis to keep our clients informed about the real estate industry in the United States. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Credit Consequences of Foreclosure and Deficiency Judgments

Foreclosure And Deficiency JudgmentsFamilies facing foreclosure are concerned about being thrown out of their homes. Credit issues and concerns about deficiency judgments are secondary. When a bank initiates a foreclosure proceeding, they file a lis pendens on the property. A lis pendens filing notifies all prospective purchasers that the property is in foreclosure. This has the effect of making the title to the home unmarketable. This means the foreclosure proceeding must be dealt with before the house can be sold.

Late Mortgage Payments

Each time a mortgage payment is paid late, the financial institution notifies credit reporting agencies concerning this late payment. When mortgage payments are not made, credit reporting agents are also provided this information. Each late payment and each non-payment has a negative effect on credit ratings.

Sale of Property

At the end of the foreclosure proceeding the home is sold. Courts usually appoint referees in New York to sell these homes. If the financial institution does not receive enough funds from the foreclosure sale to pay off the mortgage in total, they may enter a deficiency judgment against the homeowner. The deficiency judgment is the portion of the mortgage that was not paid from the proceeds of the foreclosure sale. For example, if your home sells for $200,000 in the foreclosure sale and you owe $250,000 on your mortgage, the bank can enter a judgment against you for the $50,000 deficiency. This is called the deficiency judgment.

Avoiding Deficiency Judgment

There are a variety of ways to avoid deficiency judgments. You can enter into an agreement with the bank to have a short sale. This is when the bank agrees to forgive the balance of the mortgage not covered by the sale. You can also turn your house over to the bank by a deed in lieu of foreclosure, with the bank agreeing to forgive any deficiency from the sale of your home. Should your house be in foreclosure, it is important to consult with a knowledgeable attorney to avoid being subject to a deficiency judgment.

New York Foreclosure Defense

Losing your home in foreclosure is a scary prospect. Having an experienced foreclosure defense lawyer will not only help you in court it will give you piece of mind. Our office litigates foreclosure defense matters on behalf of our clients. We attend foreclosure court conferences. We litigate all types of real estate related issues including, but not limited to, predatory lending, defective foreclosure lawsuits, defective mortgages and bad faith on behalf of financial institutions. We maintain a foreclosure blog to update the general public concerning issues involving foreclosures, mortgage modifications and real estate matters. We also file Chapter 7 and Chapter 13 bankruptcies to deal with foreclosure problems. Call us we can help you!

In January 2011, Fewer Mortgage Modifications Were Granted

Mortgage Modifications Were GrantedFinancial institutions granted fewer mortgage modifications in January of 2011 than in previous months. Throughout the country, approximately 101,000 mortgage modifications were granted in January, while more than 111,000 mortgage modifications were granted in December. Of the modifications granted in January, seventy-three thousand were modifications done with lenders and twenty-eight thousand were new modifications under the HAMP program.

Republicans seek to cancel HAMP. The Republican majority in the United States House of Representatives has approved a statute that would end the HAMP program. The democrats in Congress oppose this measure. In the unlikely event that the elimination of the HAMP anti-foreclosure program is approved by Congress, President Obama has stated he will veto this statute.

Mortgage Delinquencies Increase

While the amount of mortgage modifications went down in January of 2011, the number of mortgage delinquencies rose. There were three million home loans that were more then sixty days overdue in January of 2011.

There were 200,000 new foreclosure proceedings in January of 2011. This is down from the 230,000 foreclosure proceedings in December of 2010. In January 2011, 73,000 homes were sold in foreclosure. This was a major increase from the 56,000 homes that were sold in December of 2010.

Long Island and New York City Foreclosure Defense Lawyers

Should you be facing a foreclosure, it is important that you have high quality legal defense as early in the proceedings as possible. We provide foreclosure defense for our clients. We attend foreclosure court conferences. We litigate issues involving defective foreclosure lawsuits, defective mortgages, predatory lending, bad faith on behalf of financial institutions and other real estate matters. We assist our clients in mortgage modifications and, when necessary, we will file either Chapter 13 or Chapter 7 bankruptcies on behalf of our clients. Call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 for a free consultation.

President Obama will not be Successful in Slashing Mortgage Deductions for the Wealthy

Mortgage Deductions For The WealthyPresident Obama wants to limit two popular mortgage deductions utilized by wealthy taxpayers. Unfortunately, the President is meeting a tremendous amount of difficulty from entrenched special interest groups. President Obama has proposed that there be a curtailment of tax deductions for mortgage interest payments and charitable contributions from high-income earners.

President Obama’s proposal is that taxpayers in the 33% and 35% tax brackets will only be allowed to deduct their contributions and mortgage interest payments at a rate of 28%. This would affect taxpayers with incomes of $250,000 and up. It is estimated that this would bring in $321 billion dollars into the federal treasury over a period of ten years. This is not the first time reducing tax deductions for mortgage interest has been proposed. In the past, these proposals have been unsuccessful because of resistance from special interest groups.

Intense Lobbying by the Real Estate Industry

Real estate industry groups, as well as not-for-profit lobbying groups, are lobbying heavily in both the Senate and the House of Representatives against limiting tax deductions for mortgage payments and charitable contributions.

The National Association of Home Builders, through its chief executive Jeffrey Howard, has issued a statement that “this is an attack on the middle class.” Where the housing industry is concerned, capping deductions will have a further negative effect on the housing market. These tax deductions are an incentive for home ownership.

Tom Delaney, the head of the National Council of Non-profits, a network of charity organizations, stated, “we look for every opportunity to help policy makers understand the consequences of different proposals.” The National Council of Non-profits are against limiting these tax deductions. Their position is that limiting the charitable deductions will curtail donations to charities by large donors.

The fifty-four most generous donors in America in the year 2010 gave $3.3 billion dollars to charities. Charities are reliant on donations from wealthy individuals. Charities throughout the country strongly oppose any changes regarding mortgage deductions for individuals who make over $250,000 a year. Individual families in New York State that earn more than $250,000 a year are not wealthy. They are middle class!

Foreclosure Defense In New York

The Law Offices of Schlissel DeCorpo assists it’s clients in applying for mortgage modifications. In situations where the mortgage modifications program fail to approve clients applications, the law office represents them in foreclosure proceedings. Our attorneys attend foreclosure court conferences on behalf of our clients. They defend clients from defective foreclosure lawsuits, predatory lending issues, bad faith on behalf of financial institutions and all aspects of real estate litigation. Call for a free consultation at 516- 561-6645, 1-800-344-6431 or 718-350-2802.

Home Prices Decline in Large Cities

Home prices are hitting new lows in many major cities. High foreclosure rates, coupled with high unemployment, stricter lending rules and the public’s fear that real estate prices will continue to decline is causing home prices to go down.

Home Prices Decline In Large CitiesUneven Recovery for the Housing Market

The cities in United States are facing different problems based on the location of the city and the economic situation in that locality. Cities that are built up with little room for new housing starts, such as in the Metropolitan New York area and the coastal cities in California, are experiencing a smaller rate of decline in home prices. Unfortunately many new homeowners are unable to obtain mortgages. Underwriting requirements to purchase a new home are very strict. It is estimated that housing prices will continue to decline in 2011 and, in many cities, will hit new lows.

The Economy is Improving While the Housing Industry is Still in the Doldrums

There has been progress with regard to the economy improving in the last few months. The stock market has been going up for approximately six months. However, the improvements in the economy have not impacted the housing industry. In 2011, the prospects for the housing industry are dismal. It is estimated there will be less construction of new homes this year than in the two previous years. Cities with high unemployment rates and high foreclosure rates are having the most problems in the real estate sector.

Nevada Housing Prices Crushed

Homes in Las Vegas have lost more than 50% of their value since 2006. Las Vegas has one of the highest unemployment rates in the country. One out of every four home sales in Nevada is either a foreclosure or a short sale.

Foreclosure Prospects in 2011

It is estimated that there will be millions of homes going into foreclosure in 2011. It is hopeful that the foreclosure crisis will bottom out in the year 2011 and improve in 2012.

Home Prices Decline In Large Cities-2New York Foreclosure Defense Lawyers

Our office represents clients throughout the Metropolitan New York area regarding foreclosure defense issues. We litigate these matters on behalf of our clients. We attend foreclosure court conferences and explain to the judges our clients’ problems with mortgage modifications. We provide assistance to our clients regarding mortgage modification applications. We help our clients with mortgage modification programs that failed to meet their needs. We maintain a foreclosure blog. We litigate defective foreclosures, bad faith, defective mortgages and predatory lending issues. We litigate all types of real estate related matters on behalf of our clients. If our analysis indicates bankruptcy is the appropriate way to assist our clients with their financial problems, we file either Chapter 7 or Chapter 13 bankruptcies. We stop foreclosure proceedings from proceeding. Call us for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431.

Long Island Foreclosure Crisis

Long Island Foreclosure CrisisIn 2010, Long Island was a hot bed of foreclosure activity. As a result of the foreclosed homes on the market, there is now an inventory of approximately three years of homes that need to be sold. Simply stated, if no new homes came on to the market to be sold on Long Island for a period of three years, considering the current amount of real estate sales, it would take this period to eliminate the backlog of homes in foreclosure already on the market to be sold.The only place in the United States that has more foreclosed homes on the real estate market is Miami, Florida. In November of 2010 there were 893 new foreclosure cases started in Nassau and Suffolk Counties on Long Island.
The Home Affordable Modification Program (“HAMP”) that was created by the Federal Government to prevent home foreclosures will only assist 800,000 homeowners. When it’s taken into consideration that there are approximately four million foreclosure situations in the United States, less than one in four distressed homeowners will be receiving assistance.

Flawed Mortgage Foreclosure Programs

The current mortgage foreclosure programs rely on the financial institutions to agree to voluntarily reduce the homeowner’s monthly payments to an affordable level. The banks have not been cooperative in this endeavor. Instead of reducing the mortgage payment amount for homeowners, in more than 75% of the cases, the banks put the homes into foreclosure. When the banks take this action, they accelerate the mortgage, refuse to accept future mortgage payments, take the home back and put the house back into an overburdened real estate market.

New York Foreclosure Defense AttorneyNew York Foreclosure Defense Attorney

Our office defends foreclosure cases in New York. We currently have dozens of successful foreclosure cases pending in Nassau and Suffolk Counties on Long Island, as well as in Westchester, Brooklyn and Queens Counties.

Our office represents our clients regarding mortgage modifications. We are experienced with regard to the problems mortgage modification programs have. We maintain a foreclosure blog to help educate our clients regarding the numerous issues concerning the current foreclosure crisis. If our clients are sued, we represent them in the foreclosure litigation. We attend foreclosure conferences on their behalf. We litigate defective foreclosure lawsuits, predatory lending practices, and failed mortgages. If you have a mortgage modification or foreclosure problem, we are the attorneys for you!

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

We represent individuals throughout the New York Metropolitan area with divorce and child custody, personal injury, car accident, wrongful death, estate administration, nursing home and medicaid issues

The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your particular legal issue. This is attorney advertising.

This is attorney advertising. This website is designed for general information purposes only. The information presented on this website shall not be construed to be legal advice. If you have a legal problem you should consult with an attorney.

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