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Ending the “Shadow Docket” and the New York Foreclosure Backlog

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Are you a homeowner in New York who is behind on their mortgage, who is in a foreclosure case that has dragged on for years with little or no activity?  Are you confused?  You are not alone.  There are between 12,000 to 25,000 New York foreclosure cases pending where a foreclsoure action is filed, but no further action takes place.  The homeowner is put into an awkward situation when this happens.  The bank won’t work out a modification through their loss mitigation unit because the case is pending, but the bank lawyers never submit the necessary affirmations to move the case to the next step – which, in New York, is a mandatory Foreclosure Settlement Conference.

Legislation in New York awaits the Governor’s signature, and would end this counter-productive practice by requiring lending banks to file all affirmations at the outset of a foreclosure litigation, forcing them to attest to the accuracy of the foreclosure documents giving them a right to foreclose.  This will streamline cases and send them more quickly to mandatory Foreclosure Settlement Conferences, where many cases are resolved.

If the law is signed, these new rules of the road will help homeowners trying to save their homes to get answers more quickly from the bank, and to work out cases without waiting forever for their day in court.


Awaiting Foreclosure Relief, N.Y. Times, 25 Jul, 2013.  Lisa Provost.  

Category: Foreclosure Law

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