Supreme Court says cities can sue banks over predatory loans

May 02, 2017  |   Posted by :   |   Uncategorized   |   Comments Off

WASHINGTON — The Supreme Court ruled Monday that cities can sue banks for discriminatory mortgage lending practices, but they must prove that predatory loans led to damages such as lost tax revenue and higher spending on municipal services.The decision was a partial victory both for Miami, which sought standing to sue banks under the Fair Housing Act, and for Bank of America and Wells Fargo, which argued that the city's damages...

Creditors’ And Debtors’ Rights

March 13, 2017  |   Posted by :   |   Uncategorized   |   Comments Off

Plaintiff moved for summary judgment, appointment of a referee to compute and a default judgment against non-appearing defendant. The original balloon note and mortgage was between Home Funds Direct and defendants, who allegedly defaulted by failing to make payments. US Bank Trust (USBT) moved for summary judgment, while defendants argued USBT did not have standing claiming MERS was never authorized by the original lender to assign...

High Court Says Fannie Mae Has Limited Path To Fed. Court

January 19, 2017  |   Posted by :   |   Uncategorized   |   Comments Off

Law360, Minneapolis (January 18, 2017, 10:55 AM EST) -- The nation's high court on Wednesday reversed a Ninth Circuit ruling that found Fannie Mae can remove state suits to federal court, striking a blow to Fannie, which has argued that its charter allows it to bring suits to federal courts.Fannie Mae, which is currently involved in tens of thousands of cases in state courts, has lost its U.S. Supreme Court battle to move those...

Staten Island Gets Veterans Court

November 14, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

Officials gathered Wednesday to mark the opening of the Richmond County Veterans Court. The special part hears cases of defendants who are veterans and who may have problems with addiction, mental illness or other disorders, and links eligible offenders to treatment and services as an alternative to incarceration. There are now 29 Veterans Courts in New York state, including all five boroughs.From left, Richmond County Bar Association...

Undercover sting nabs California mother selling ceviche through Facebook group

November 10, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

Mariza Ruelas never expected a plate of ceviche would lead her to the courthouse and maybe even a possible jail sentence.For more than a year, undercover investigators in San Joaquin County, Calif., tracked the sales of food — such as homemade tamales, tortillas and cakes — through a community Facebook group, a sting that Ruelas called a “waste of time and resources and taxpayers’ money.”Ruelas, a single mother of six,...

ATTEMPT TO DEMONSTRATE STANDING FAILED BECAUSE THE SUBMITTED AFFIDAVIT DID NOT MEET THE REQUIREMENTS OF THE BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE; AFFIDAVIT SUBMITTED IN REPLY PAPERS CANNOT BE CONSIDERED.

November 10, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

The Second Department determined plaintiff loan service did not demonstrate standing to bring this foreclosure action. The affidavit submitted by the plaintiff did not meet the requirements of the business records exception to the hearsay rule. An affidavit submitted with the reply papers could not be considered: “…[T]he plaintiff relied on the affidavit of Jaclyn Holloway, an assistant secretary of Nationstar Mortgage, LLC...

Court-appointed attorneys do little work, records show

November 08, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

The Full Story Can be Found HERE

Facing Death, Brooklyn District Attorney Spoke of Doing What ‘Is Right’

November 08, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

A NYT TIMES ARTICLE WRITTEN BY YAMICHE ALCINDOR:I asked Mr. Thompson about the case of Peter Liang, a police officer who fatally shot a black man, Akai Gurley, in the stairway of a public housing building. Mr. Liang was convicted of second-degree manslaughter and sentenced to probation and community service. Some officers were angry at Mr. Thompson for pursuing the case; Mr. Gurley’s family was angry at him for recommending no...

A.G. Schneiderman Announces Nearly $13 Million In Awards For Cities To Combat Vacant And Zombie Homes

October 18, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

A.G. Schneiderman will forward approximately $350,000 to NYC to help combat "Zombie Homes". These grants are awarded under the Zombie Remediation and Prevention Initiative. Under the passage of the Abandoned Property Neighborhood Relief Act in June 2016, banks are now required to register any properties abandoned by their customers with the Department of Financial services. If you've ever lived next to an abandoned property you'll...

New Legislation Allows Defendant Participating In Foreclosure Settlement to File Late Answer

October 06, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

A new rule will be put in place starting December 20, 2016 that will significantly help home owners in foreclosure. Borrowers will now be permitted to file an answer (late) after their time to answer has expired. An "answer"  (in response to the summons and complaint) is required to be filed in writing within a certain amount of days according to how the summons and complaint was served (delivered) to the borrower. If delivered...