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LeNoir Law Firm Wins $6.425 Million Dollars in Commercial Foreclosure Action

Prior to the pandemic, we settled a commercial foreclosure action for $6,425,000.00.  It was a seller-financed transaction, meaning that the buyer “borrowed” the money from the seller to purchase the property (no money was actually exchanged) and gave the seller a mortgage and signed a promissory note.  No bank was involved.  We never represent banks.  … Read more

LeNoir Law Firm Handles Foreclosure and Quiet Title Appeals

In response to overwhelming demand and a lack of attorneys who handle foreclosure appeals (let alone quiet title appeals), we have been handling foreclosure and quiet title appeals for the past two years.  More information about our appellate practice will follow in future posts.  If you need immediate legal advice, please contact this office for  … Read more

Our Habeas Corpus COVID-19 Prisoner Release Program

With the emergency Order closing the NYS Courts to all but a very limited number of truly essential matters, our resources have been freed to help in a crucial legal battle literally involving the rights of inmates to live or die when (not if) the government acknowledges that the coronavirus has filled New York’s prison  … Read more

We Lost a Client to Coronavirus

We lost a client to coronavirus on Friday.  He was a good man, a pharmacist who continued working despite the risk to himself from interacting with sick patients. He left behind a wonderful family.  Obviously they are devastated.  Last week his daughter told me that he was hospitalized and on oxygen, and seemed to be  … Read more

When to Retain a Good Foreclosure Defense Attorney in New York

A homeowner should consult with an experienced foreclosure defense attorney right after receiving foreclosure papers. The earliest stages of the case are the most crucial times to assert and preserve a homeowner’s legal rights for the remainder of the case. It is far more difficult for a foreclosure defense attorney to repair a “damaged” case than to handle the case correctly from the beginning.

How New York Homeowners Win Foreclosure Cases

An extremely small percentage of homeowners win foreclosure cases and keep their homes through sheer luck. The other winners are usually represented by experienced foreclosure defense attorneys.

The Top 5 New York Foreclosure Defenses

In every foreclosure action, the foreclosing bank must have standing to foreclose. A bank only has standing to foreclose if it is the owner of the mortgage loan on the date that the foreclosure action is filed. If the homeowner’s attorney asserts lack of standing to foreclose as a defense in the Answer to the foreclosure complaint, the bank must prove that it has standing to foreclose. If the bank cannot prove that it has standing, the foreclosure action should be dismissed.

Quiet Title Actions Based Upon Expiration of Time to Foreclose

Six years after a mortgage is accelerated, the time to file a mortgage foreclosure action expires (with occasional exceptions). If the bank has not won a judgment of foreclosure and no mortgage foreclosure action is currently pending, the homeowner may file a quiet title action to discharge (remove) the mortgage lien from the property. When a homeowner wins quiet title, the property can be sold without paying the mortgage debt. The homeowner keeps the sales proceeds instead of the bank. Debt Inversion accomplished.

Summary Judgment Motions in New York Foreclosure Actions

In a motion for summary judgment, the foreclosing bank must establish all facts necessary to prove its foreclosure claim and disprove all of the homeowner’s defenses and counterclaims through admissible evidence. The “admissible evidence” submitted by the bank normally includes an affidavit from an employee of the current mortgage loan servicer (not the foreclosing bank) that would be inadmissible at a trial where live testimony is required.

Judge Denies Foreclosure Against Deutsche Bank’s Forgery Victim

Deutsche Bank’s attorneys made a motion for summary judgment requesting the right to foreclose upon Mr. Codio’s home. The Court denied the motion because Deutsche Bank had failed to prove ownership of Mr. Codio’s mortgage loan, citing forgery of Mr. Codio’s signature and initials on the fake note. The Court’s full decision is attached.

Important Exceptions to the Statute of Limitations Defense in a New York Foreclosure Case

Unless the homeowner’s attorney includes an “affirmative defense” in the Answer to the Foreclosure Complaint stating that the action is barred by the applicable statute of limitations, the statute of limitations defense is lost and the bank can foreclose upon the property even though it started the foreclosure action too late.

This Is Your Mortgage Servicer Calling

A mortgage loan servicer is nothing more than a debt collector, and speaking with debt collectors can only hurt you. When dealing with collectors, it is important not to seem interested in resolving the debt. If you seem interested, they conclude that you have something to lose and focus on you. You want to make a debt collector think you are broke and don’t care what happens. This causes them to conclude they are barking up the wrong tree and to leave you alone. Nothing works better than refusing to speak to them.

Deutsche Bank National Trust Company attempts foreclosure using a forged promissory note.

Whenever possible, we have our client present when we inspect the alleged original promissory note because the client is the only person in the conference room who saw the original note when it was signed and initialed at the bottom of each page. Clients can easily tell if their own signatures and initials have been forged and they can spot differences between the original document they signed and the document being presented.

LeNoir Law Firm Quoted in National News on Million Dollar Fashion Week Slapping Lawsuit

The other day a reporter named Natalie Wolcholver from LifesLittleMysteries.com called me out of the blue and asked whether a person could be sued for $1 million dollars for slapping someone. We ended up having an interesting conversation.

Ever wonder why banks choose not to take advantage of federal mortgage loan modification programs?

Insider dealing at the expense of homeowners and taxpayers continues, and the financial incentives for most types of mortgage-related fraud will be unaffected by the recent $26 billion dollar federal/state foreclosure fraud settlement.

Most New York Home Mortgages May be “Unforeclosable” under a 2011 Appellate Court Ruling

A recent New York Appellate Court ruling may mean that the majority of home mortgages in New York State are “unforeclosable,” and that homeowners may keep their homes without making mortgage payments.

New York City Council, US Supreme Court May Determine the Legality of MERS

If the Supreme Court decides not to hear the Gomes v. Countrywide case, Mr. Gomes will lose his home to a foreclosing bank that has not proved it owns Mr. Gomes’ mortgage and promissory note. To make matters worse, Mr. Gomes may be sued again for the same debt if the real owner of his mortgage shows up later and demands the money owed.

Brooklyn’s Own Supreme Court Justice Arthur Schack Breaks New Ground (Again)

Justice Schack is known for his continuing investigation of foreclosure fraud and “robo-signers.” He routinely dismisses improperly brought foreclosure cases “with prejudice,” meaning the cases cannot be re-started.

Why the Federal Government Refuses to Prosecute Top Bank Executives

The federal government’s policy of not prosecuting the millionaire and billionaire executives of the major banks leaves the executives feeling “prison proof” and free to commit more crimes to become wealthier.

Revolution Comes from the Bottom Up – Never from the Top Down

Don’t settle for a loan modification just because a bank gives it to you without asking first. A generous bank is an oxymoron. You may already own your home free and clear of any mortgage. You may owe the bank nothing.

In fact, another bank may own your mortgage and promissory note. That bank may sue you later even if you make all “modified” payments to the first bank.

“Reckless Endangerment: How Outsized Ambition, Greed, and Corruption Led to Economic Armageddon,” a video interview by Democracy Now!

“I think that there is a genuine sense out there that there are two sets of rules, one for big and powerful institutions that are deemed to be too politically interconnected or powerful to fail, and the rest of us, Main Street,” says our guest Gretchen Morgenson, the Pulitzer Prize-winning business reporter who has written extensively on how the U.S. government has failed to prosecute any of the top figures who played a role in the economic crash.

Thank you, Mr. Schneiderman

Private attorneys do not have your criminal investigative powers and cannot discover, or at least prove, all of the frauds perpetrated against our clients.

A lawsuit against a mortgage loan servicer is a personal injury action.

When you finally enter the loan servicer’s consciousness as a potential threat, they can be incredibly efficient at correcting your account and restoring your credit.

What is Foreclosure Fraud and How Does It Affect Home Owners and Buyers?

Mortgage foreclosure fraud causes two terrible things to happen: (1) a home owner may be foreclosed upon by a bank that doesn’t own the mortgage and promissory note; not only is the person’s home stolen, but the real owner of the promissory note can sue the former home owner later for the full amount owed on the mortgage; (2) banks selling foreclosed homes may not actually own them because the foreclosure was fraudulent; this means that 20 years down the road when the person wants to sell the home, they may find out that they never owned it, or worse yet, the real owner could show up after the sale and sue to get their property back.

How and Why Debt Inversion Works

The debt collection business relies on people not fighting back. If everyone put debt collectors to their proof as we do, they would all be forced out of business.

Great idea. Too bad they didn’t think of it ten years ago.

Once again the federal government is fighting yesterday’s war. The housing and mortgage-backed securities markets have already collapsed and banks will only lend to people with stellar credit. The proposed regulation will not protect against any current risk, but it may come in handy during the next real estate bubble.

Collection Law Firm Mel S. Harris & Associates Sued for Racketeering in Federal Class Action for Using Robo-Signers and “Sewer Service”

“To get judgments against the borrowers, the judge said, a single Mel Harris employee named Todd Fabacher signed 40,000 affidavits attesting to the accuracy of debt claims. Assuming 260 business days a year, Fabacher had to have personally (and purportedly knowledgeably) issued an average of twenty affidavits of merit per hour, i.e., one every three  … Read more

Complete 185-Page Deposition of Internationally Infamous Robo-Signer Beth Cottrell

Any MERS member bank is allowed to appoint any employee it wishes, regardless of inexperience or incompetence, to sign documents prepared by the bank, not as a bank employee but as a “Vice President” of MERS. During her deposition MERS “Vice President” Beth Cottrell admitted to executing 18 thousand documents per month without any personal knowledge of the contents of what she was signing.

Bank Executives Flock to Washington to Force Lawmakers to “Legalize” MERS

Please write or email your Senator and Representative, as well as President Obama, and tell them that if they vote to “legalize” MERS, you will vote for their opponents in the next election.

The Nation’s Most Notorious Robo-Signers: Brooklyn Supreme Court Justice Arthur Schack kicks out foreclosure cases and names names.

What do you get when you cross a Mafia don with a bond salesman? A dealer in collateralized debt obligations (C.D.O.’s) — someone who makes you an offer you don’t understand.

New York Debt Collection Defense and Counterclaims

In New York, a debt collection action is neither simple nor cut-and-dried. If the collection action is properly contested, it is frequently possible to win the case and owe no money. It is sometimes possible to force the collector to pay money to you.

Under a New Court Rule, Foreclosure Attorneys Can Be Disbarred and Prosecuted for Filing False Documents

“You are talking about tremendous consequences. You are talking about taking people’s homes,” Judge Lippman said. “Those papers have to be accurate. They have to be credible.”

Defending Foreclosure Defense: You Know You’re Fighting Evil When The Wall Street Journal Demonizes You

Sincere apologies to the robo-signers, mortgage bundlers, MERS records bunglers, foreclosure mills, crooked foreclosure attorneys, politicians, investment bankers and mortgage bankers, thieves, liars, fraudsters and corrupt judges who had nothing to do with the foreclosure fraud crisis (and didn’t see a thing).

Criminal Charges Should be Filed over Foreclosure-Gate

“The absurdity of illegal activity, criminal conduct, and rampant fraud has reached a point where the nation must declare ‘No More.’ We must begin the process of identifying criminal actors — and prosecuting them.”

Why MERS Matters to Home Owners and Buyers

Mortgage Electronic Registration Systems (MERS) has emerged as the epicenter of the current mortgage foreclosure crisis, despite the financial and real estate industries’ clamor to keep it out of the conversation. MERS maintains the only records in existence of most sales of mortgages from one bank to another. All MERS records are stored electronically and  … Read more

JPMorgan Chase & Company abandons the fraudulent Mortgage Electronic Registration Systems (MERS)

The public is not permitted access to MERS records, despite the fact that MERS has the only records in existence of most transfers of ownership of mortgages and promissory notes from one investor to another. Without access to MERS records, it is impossible for home owners to verify which bank owns their mortgage and promissory note.

Sad but Funny: Jon Stewart Rants on National Foreclosure Fraud Crisis

“Even if the foreclosure was legit, you can’t lock someone out of their home while they’re in it.”

Fraud Factories: U.S. Rep. Alan Grayson of Florida – the nation’s foreclosure fraud capital – exposes and explains foreclosure fraud nationwide.

“The average foreclosure hearing in a Florida court is only 90 seconds. Mistakes are common and fraud is rampant.”

Legislation to help banks steal homes killed over foreclosure fraud fury.

If the corporations running the federal government have their way, equivalent legislation will pass after public attention is diverted to the next corporate/government-induced crisis.

How foreclosure fraud affects home owners and buyers

Foreclosure fraud causes two terrible things to happen.

Brooklyn’s own NYS Supreme Court Justice Arthur M. Schack talks about ROBO-SIGNERS and fraudulent affidavits submitted in foreclosure cases – and what he does about them.

“My job is to do justice.” – Justice Schack

The nation's largest banks admit submitting "faulty" documentation in foreclosure cases. Home owners behind on mortgage payments get a reprieve. Buyers of foreclosed homes get defrauded.

When foreclosures are done with faulty documentation, that could leave the new owners of the house vulnerable to claims that someone else actually owns the property they thought they bought.

The nation’s largest banks admit submitting “faulty” documentation in foreclosure cases. Home owners behind on mortgage payments get a reprieve. Buyers of foreclosed homes get defrauded.

When foreclosures are done with faulty documentation, that could leave the new owners of the house vulnerable to claims that someone else actually owns the property they thought they bought.

The Rise and Fall of the ROBO-SIGNER in Mortgage Foreclosure Fraud

Excerpt: Chase and GMAC, in their zeal to process hundreds of thousands of foreclosures as quickly as possible and get those properties on the market, employed people who could sign documents so quickly they popularized a new term for them: “robo-signer.”

Recover monetary damages from debt collectors and debt collection attorneys who commit crimes while attempting to collect a debt in New York State.

Violation of any federal, New York State or local criminal law is also a violation of the federal Fair Debt Collection Practices Act, for which you may recover up to $1,000 or your actual damages, plus attorneys fees and court costs.

Mortgage Foreclosure Defense in New York State

Of the millions of people in the United States facing foreclosure of their homes each year, few hire an attorney to defend them, assuming that there is nothing an attorney can do to stop a foreclosure. This is often a huge mistake.

Debt Collection Defense in New York State

In New York, a debt collection action is neither simple nor cut-and-dried. If the collection action is properly contested, it is frequently possible to win the case and owe no money. It is sometimes possible to force the collector to pay money to you.

Follow us on Twitter @debtinversion

Should any of the nation’s three “official” credit reporting agencies be allowed to own a company that intentionally causes millions of consumers to default on their debts?

Contesting Jobless Claims Becomes a Boom Industry – New York Times     http://www.nytimes.com/2010/04/04/us/04talx.html?hp According to the New York Times article, a company called Talx handles more than 30 percent of the nation’s requests for jobless benefits. Talx was acquired three years ago by Equifax, the credit-rating giant, for $1.4 billion. Equifax’s ownership of Talx creates a clear  … Read more

"We're all temps now." – Kelly Services CEO Carl Camden

Business Week, “The Disposable Worker – Pay is falling, benefits are vanishing, and no one’s job is secure. How companies are making the era of the temp more than temporary”   http://www.businessweek.com/print/magazine/content/10_03/b4163032935448.htm

The LeNoir Law Firm takes legal action against out-of-state debt collection attorneys who are not licensed to practice law in New York, for placing illegal garnishments on the wages of New Yorkers.

“…these out-of-state law firms and attorneys are committing crimes in New York by practicing law in New York without a license. Committing a crime in the course of an attempt to collect a debt is a violation of the federal Fair Debt Collection Practices Act, for which we sue for monetary damages, attorneys’ fees and litigation expenses.”

"Pay Garnishments Rise as Debtors Fall Behind" – New York Times

http://www.nytimes.com/2010/04/02/business/economy/02garnish.html?pagewanted=1&hp Good article about a disastrous situation for working poor people who are alleged to owe a debt.  Here’s an excerpt:       For the working poor, losing a lawsuit can mean disaster. Federal law permits creditors to seize as much as a quarter of a worker’s paycheck, though the cutoff is lower for the lowest-paid workers, and a  … Read more

The giant bank bailouts were not a con job against the taxpayers. They were a long series of old-school cons adapted by regulators and the financial industry to give banks a license to steal from us. The dollar amount of upward wealth distribution caused by the bailouts is difficult for most people to fathom and nearly impossible to measure, just as Wall Street wants it.

For detailed information, read the Rolling Stone article,  “Wall Street’s Bailout Hustle – Goldman Sachs and other big banks aren’t just pocketing the trillions we gave them to rescue the economy – they’re re-creating the conditions for another crash” http://www.rollingstone.com/politics/story/32255149/wall_streets_bailout_hustle/1

College students amass unpayable student loans and spend their summers disinfecting doorknobs on unpaid internships, for companies that have no intention of offering a paid job to their slave labor after graduation.

Read the New York Times Article:  “Growth of Unpaid Internships May Be Illegal, Officials Say” http://www.nytimes.com/2010/04/03/business/03intern.html?src=me&ref=general

Why Possession of Great Wealth is Immoral – By LeNoir Law Firm

GREAT WEALTH IS: 1. Nearly always an accident of birth; 2. Virtually unobtainable through legal and ethical hard work; 3. Often amassed through crimes and human rights abuses; 4. Protected by “democratic” governments above all else; 5. Tremendously expensive to protect; 6. Protected with tax dollars paid by the rest of society; 7. Least needy  … Read more

If the excesses of the financial industry have left you unemployed, don't be victimized twice by taking out large student loans to attend a trade school that promises you a job.

The New Poor – For-Profit Schools Cashing In on Recession and Federal Aid – NYTimes.com Commercial trade schools are under fire because they are attracting more students and Pell grants. http://www.nytimes.com/2010/03/14/business/14schools.html?ref=homepage&src=me&pagewanted=all

"Deep in Debt Blues" by J.B. Lenoir

http://play.rhapsody.com/jb-lenoir/the-very-best-of/deep-in-debt-blues

The LeNoir Law Firm represents victims of sewer service fraud by process servers for debt collection attorneys.

“[A] 2008 report by MFY Legal Services, a nonprofit law firm in New York, found that defendants in consumer debt cases showed up in court less than 10 percent of the time, raising questions about whether they were ever properly served and about the prevalence of sewer service in the industry.”