Fighting Back: One Small Step At A Time

New York Times’ writer, Michael Powell, wrote today about a judge in Brooklyn who deals fairly and honestly with all who come before his bench (“A Little Judge Who Rejects Foreclosures, Brooklyn Style“)–even when those who come before his bench are lying.   Justice Arthur M. Schack presides over his courtroom pleased that he doesn’t accept anything less than honorable behavior from the national banks who file foreclosure proceedings in his courtroom.

Justice Schack has thrown out 46 of 102 foreclosure motions for errors and has been praised at national judicial conferences for the rulings from his bench.    Interestingly enough, the bank attorneys are not praising Justice Schack as he stands inbetween them and the homeowners . 

A foreclosure can be judicial or non-judicial (a court gets involved in judicial foreclosures; a non-judicial foreclosure means that no court is involved–the property is sold at a trustee’s sale).   State law usually determines how the foreclosure process unfolds.   (For example, in Florida, foreclosures are judicial; in Oregon, foreclosures can be either judicial or non-judicial, depending on the mortgage company’s choice).     In Conneticutt, consumer attorney Gene Melchionne has explained that “strict foreclosure“ has been adopted.    Jed Berliner, a Massachusetts consumer attorney, has provided a list of arguments that may be possible when a homeowner is faced with foreclosure on this site.   He has also kindly provided a set of possible defenses to foreclosure on this site.  

There are only a few experienced attorneys fighting foreclosure in each state; it is worthwhile to consult with such an experienced attorney to determine whether any defenses are possible in your state.

Related posts:

1. Fighting Foreclosure – Keep Meticulous Notes Of Conversations
2. Judges Overturn Foreclosure Due To Lack Of Mortgage Assignment
3. What is a judge’s role in a foreclosure case?