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.
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.
“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
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.
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.
“…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.”
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
“[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.”
LENOIR LAW FIRM, PLLC
2585 Broadway, Suite 251
New York, NY 10025
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