Written by Craig D. Robins, Esq.
A fascinating article in today’s New York Times illustrated the importance of defending a foreclosure proceeding – there can be a high degree of success. Sometimes it is quite possible to get a foreclosure suit totally dismissed.
The article featured one particular Brooklyn Supreme Court judge, and it explored his philosophy of evaluating the merits of the numerous New York foreclosure proceedings flooding his courtroom.
Courts Review Foreclosure Legal Papers
Judge Arthur M. Schack, who was interviewed for the Times article, discussed the incredible number of foreclosure cases that contain fatal defective errors. The judge, like many New York judges who review foreclosure proceedings, takes a magnifying glass to both the mortgage industry and the foreclosure lawsuit papers that come before him.
When homeowners were refinancing left and right several years ago, sloppiness with mortgage paperwork seemed to reign. So many mortgage papers have been lost, signatures misplaced and documents dated inaccurately that it is often not clear which bank or lender owns the mortgage. These problems often result in fatal defects, which, if brought to the attention of the court, can result in the foreclosure case being kicked out of court.
Foreclosure Defense Attorneys Are Often Necessary to Bring Foreclosure Litigation Defects to the Attention of the Court
Although some judges scrutinize each and every foreclosure lawsuit document, other judges will only review those defects that the homeowner’s foreclosure defense lawyer brings to the attention of the court, underscoring the importance of engaging in foreclosure defense.
Mortgage lenders frequently make mistakes. For those in foreclosure, having an experienced Long Island foreclosure defense attorney, such as those in my firm, review foreclosure lawsuit papers to determine how to best defend foreclosure, can sometimes work to save a home or delay the proceeding.
In a future post I will outline a recent case where I was successful in persuading the court to totally dismiss the foreclosure proceeding. Here is the link to the New York Times article entitled, “A ‘Little Judge’ Who Rejects Foreclosures, Brooklyn Style .”