New York Courts To Offer Foreclosure Relief
New York state chief judge announced earlier this month that homeowners in the state who are having issues with foreclosure may get some relief — at least from the courts. Under the new program, a new section of the court would be created to assist borrowers and lenders to make settlements in a more timely fashion. Speaking to the press (and reported by the New York Times), New York state chief Judge Judith S. Kay spoke about her hopes in getting courts involved sooner in the process to assist all parties involved.
?New Yorkers are losing their homes in record numbers,? Judge Kaye said on Wednesday during a news conference in Lower Manhattan. ?Some neighborhoods are being ravaged by foreclosures. Can we be part of an influence for the good??
Similar to the rest of the country, foreclosures are happening in record numbers in New York state. Queens has been hit especially hard with a 233 percent increase since January 2005. Other pending legislation for the state includes making banks give lenders a 60 day notice before foreclosure proceedings begin as well as possibly declaring a one year moratorium on house foreclosures in the state. With the new legislation proposed by Chief Kay, banks would be required to send notification to those who default on a loan as soon as papers are filed with the county. With so many bad loans being offered in the last few years, this is a great step to help ensure the state of the economy in New York and help out with any legal issues that may arise in such a trying time. Link courtesy of Sui Generis
July 22nd, 2008 at 3:47 am
Now here is my dilemma. I live in house that was foreclosed in Feb 15, 2007 by JP Morgan Chase as Trustees, [by the way they did not originate the note]. Now the property was transferred to The Bank of New York Trustee on Feb 22, 2007. JP Morgan served everyone in the home eviction notices except for me and my husband. Now Homecomings who was the servicing company knew of me so did the attorneys for the bank. They knew I lived there but failed to name in the case.
JP Morgan sent marshals to evict me but it did not prevail because I was not party to the eviction. So I stood my ground against the marshal. Now remember JP Morgan had no right to do what they did because they did not own the property. In November a motion was filed for a reinstatement of a warrant of eviction was thrown on the grounds of the property. I did not appear in court because it had nothing to do with me. The same marshal came again and tried to evict me, he did not succeed.
JP Morgan tried a again and I got the case dismissed on a technicality, they did not own it.
The Bank of New York Trust has started a case against me in court. They obtained my name through the marshal and added it to the proceeding as if I was served in the outset of the foreclosure commencement. I was never served in the foreclosure action and I did try to get an appeal. I did not succeed. The Bank of New York has the names of the tenants that no longer live here can they evict me if I was not served in the foreclosure action? In addition, I have a deed to the property which is recorded. I would like to fight them as long as possible. I would like to know if you could help.
Thank You
Suzanne