A place where you can find out the latest news, legal decisions,and legislative trends.
Registered users can make comments and ask questions based on your experiences with:
- Workers Compensation
- Landlord & Tenant
- Civil Litigation
In addition, we want this blog to develop into a community where you can connect and share ideas with others interested in obtaining knowledge on surviving foreclosure and bankruptcy.
The Federal Housing Finance Agency (FHFA) announced on Wednesday that Fannie Mae and Freddie Mac will offer a new, simplified loan modification initiative to minimize losses and to help troubled borrowers avoid foreclosure and stay in their homes.
Beginning July 1, servicers will be required to offer eligible borrowers who are at least 90 days delinquent on their mortgage an easy way to lower their monthly payments and modify their mortgage without requiring financial or hardship documentation.
READ THE FULL ARTICLE HERE: Fannie Freddie New Program
Nov 18 (EXAMINER) – New York Attorney General Eric Schneiderman threw down the gauntlet on Friday by warning Wells Fargo to reverse a new policy that temporarily suspends review of mortgage relief applications from New York homeowners, many of whom are still struggling to recover in the aftermath of Hurricane Sandy.
Queens Foreclosure Attorney Brian McCaffrey comments on this news story
Read the rest of the article here:FULL ARTICLE
Wells Fargo upsets New York Attorney General
Andrew Cuomo announces assistance for Hurricane Sandy victims
Andrew Cuomo Helps Hurricane Sandy victims
Albany, NY (November 11, 2012): Governor,Andrew M. Cuomo issued a press releaseannouncing that the Department of Financial would be making representatives available to answer insurance questions at Yonkers River Front Library from 9 a.m. to 5 p.m., Monday, Nov. 12, 2012 in the agency’s Mobile Command Center.
Benjamin M. Lawsky, Superintendent of Financial Services said that the representatives will be able to “offer help to homeowners, renters and business owners with insurance-related issues stemming from damage caused by Sandy.”
Department representatives will help citizens contact their insurers if they have been unable to do so and answer questions about homeowners’, renters’ and business owners’ insurance coverage.
Citizens unable to go to the Mobile Command Center are encouraged to call the Department’s storm hotline (800) 339-1759 between 8 a.m. and 8 p.m., Monday through Friday, or from 9 a.m. to 4 p.m. on weekends. Insurance information is also available on the Department’s website,http://www.dfs.ny.gov
James McEleney associate at Brian McCaffrey Attorney at Law, P.C. writes a weekly Blog – here is an excerpt and link
A lot happened yesterday and it’s hard to pinpoint just one issue. But because we’re young (even the old folks are young) and I’m feeling fresh, we’re going to depart the red state/blue state paradigm and talk drugs, populism and the law. And there’s going to be a Star Wars reference… by James McEleney
READ ENTIRE POST HERE: http://www.simplesite.com/jmceleney
A New York Judge was persuaded to reverse her decision once it was revealed that the investor/lender in this action had participated in the MERS scheme.
(New York) Judge reverses foreclosure decision after finding that documents presented did not prove ownership of the note and mortgage
The way a New York woman almost lost her home because of the banks less than adequate loss mitigation efforts is all too common. What is becoming more and more common is the way the Judge in the case issued a ruling overturning the judgment of foreclosure and sale because the plaintiff lacked standing to foreclose.
In this case Judge Judith J. Grische held that “retroactive assignments of mortgage are invalid” and cited Wells Fargo Bank, N.A. v Marchione and Deutsche Bank Natl. Trust Co. v Abbateto vacte the Defendants default and Dismiss the case.
Read the Complete Article here: Queens Foreclosure Attorney Achieves Reversal Of Judgement
See the Decision here: Judge Gische’s Decision
Queens foreclosure attorney Brian McCaffrey beats back US Bank and obtains dismissal in a 2 year old foreclosure case.
The Honorable David Eliot, Justice of the Queens County Supreme Court issued a ruling thwarting the efforts of US Bank as Trustee in a foreclosure case. U.S. Bank lacked standing to foreclose. On October 17, 2012, the Queens Civil Supreme Court posted a ruling issued a week earlier in a 2 year old foreclosure case. The Honorable David Eliot, Justice of the Queens County Supreme Court issued a ruling thwarting the efforts of US Bank as Trustee in a foreclosure case.
US Bank foreclosure dismissed for lack of standing
In his decision Judge Eliot held that… “In an action to foreclose a mortgage, plaintiff establishes standing by demonstrating that it is both the holder or assignee of the subject mortgage as well as the holder or assignee of the underlying note” and he further held “In the case at bar, plaintiff failed to demonstrate that it had standing to commence the action…”
Read the COMPLETE ARTICLE here: Complete Article
See the COMPLETE DECISION here: Judge Elliot Decision