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...

Recent Efforts to Speed Up Foreclosure Proceedings in N.Y.

September 30, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

New York now boasts one on the longest time-frames to foreclose in the country. It now takes  an average of 1,061 days to foreclose. Seems part of the delay may be cause by re-defaults of those borrowers whose loans were modified. It appears though that the Foreclosure Settlement process may be helping somewhat. Part of the reason appears to be now borrowers are "required" to bring all of their financials to the first court...

MOTION TO DISMISS RPAPL ARTICLE 15 ACTION SEEKING DECLARATION MORTGAGE INVALID DENIED

September 30, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

Plaintiffs owners commenced this RPAPL Article 15 suit seeking judgment declaring the mortgage of record held by defendant was invalid and unenforceable and barred by expiration of the six-year statue of limitations. Defendant moved to dismiss the complaint based on a defense of documentary evidence and failure to state a cause of action on the grounds plaintiffs' hardship affidavit served to re-start the statute of limitations...

The New 90-Day Notice Rules: A Potential Morass for Lenders

September 30, 2016  |   Posted by :   |   Uncategorized   |   Comments Off

New changes are headed our way. Changes that could help New York  borrowers delay the beginning of the foreclosure process. After the collapse of the mortgage markets in 2008 various new pieces of legislation were put  into place to help and protect homeowners. One of the more outstanding was the "90 Day" requirement notice. The 90 Day Notice is more like a pre-foreclosure notice or warning letter. The main idea here...