Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Tuesday, March 22, 2016
Statute Of Limitations 'Clock' Continues To Tick On Thousands Of Severely Delinquent NYS Home Mortgages Suffering From Broken Chains Of Ownership
In New York City, the New York Post reports:
Financial firms that have clogged New York courts with questionable foreclosures may finally feel the effects where it hurts: their profits from troubled mortgage loans.
Eight years after the housing bubble burst, foreclosures nationwide have finally declined to levels last seen before the crisis.
But while pundits talk of “healing” the housing sector, the foreclosure crisis lingers in pockets of New York’s market. A big one: so-called severely delinquent loans, past due for an astonishing six years or more.
New York state has as many as 35,300 severely delinquent loans, worth more than $13 billion, at risk of not being repaid, according to Black Knight Financial Services. The majority of these homes are on Long Island, and in Brooklyn and Queens. New Jersey has 22,000, and both states saw the totals jump more than 20 percent in January from the year-ago period.
These foreclosure cases are so old that the plaintiff may have run out of time to collect on the debt. This issue wouldn’t have arisen without the bundling and resale of individual mortgage loans into securities during the housing boom.
Rushing to profit, banks broke the chain of ownership, robo-signing documents. Even now, many homeowners cannot obtain accurate records of who owns their loan. The broken chain-of-title underlies many foreclosure case delays.
The statute of limitations issue is now playing out in New York’s courts. Rose Marie Cantanno, a New York Legal Assistance Group attorney who has several such cases pending, notes how shocking it is that thousands of New York homeowners have lived in foreclosure limbo long enough for the statute of limitations to kick in. “When this was starting years ago, I said, ‘We’re never going to get to that point.’ ”
Delays are so onerous that last year the Department of Financial Services recommended the Office of Court Administration investigate. A DFS spokesman said the issue “remains a priority.”
Earlier this year, Kings County (Brooklyn) implemented a change to address the foreclosure backlog, turning over 12,000 foreclosure cases to the courtrooms of three judges who will focus on them, instead of being spread among more than two dozen jurists. “Resolution of foreclosure cases is a top priority,” said a spokesman for the Office of Court Administration. “That is one of the steps, and we’re anticipating that will work better, and if it does not, then we’ll modify that.”
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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