Advocates Seek to Eliminate Foreclosure ‘Shadow Docket’

Andrew Keshner, New York Law Journal

Advocates of homeowners facing foreclosure are pushing for a change in court rules to remove an obstacle that has put many homeowners in a judicial limbo, unable to participate in settlement conferences to make their debt more manageable.

In particular, the advocates have proposed moving up the point at which attorneys for lenders must submit an affirmation attesting to the accuracy of court documents.

“If the whole point of the [affirmation] rule is to prevent plaintiff lawyers from knowingly filing false or inaccurate filings in foreclosure cases, make it a rule that the affirmation be filed when they file the complaint, and not wait until they file the request for judicial intervention,” said Jacob Inwald, director of foreclosure prevention litigation for Legal Services NYC.

Under current procedure, lenders can file a summons and complaint for a foreclosure action without triggering a mandatory settlement conference. A conference is scheduled only after proof that the summons has been served, a specialized request for judicial intervention and the attorney’s affirmation are submitted.

Since the implementation of the affirmation requirement in October 2010, advocates charge that lenders have delayed filing the request for judicial intervention so that they do not have to file the affirmation right away. That has created a “shadow docket” of cases that do not show up in official court statistics or trigger a settlement conference.

The courts recorded 46,572 requests for judicial intervention in 2010. In 2011, the first full year after the affirmation went into effect, there were only 16,156. Only 1,135 were received in the first month of the year.

Judge Judy Harris Kluger, chief of policy and planning for the court system acknowledged that “thousands” of unrecorded foreclosure actions may exist.

“We are looking at some different options as to how to address this inventory of cases. At this point, we’re not prepared to announce anything,” Judge Kluger said. “However, in the near future, we hope to present a plan.”

Judge Kluger expressed doubts about moving the affirmation requirement to the beginning of the foreclosure process. She pointed out that CPLR 305 governs what is included with the summons and complaint, and said that any additional filing requirements might require legislative action.

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From The Bowels Of Academia Rises Lady Sterculius

One Of The Most Asinine Editorials On Housing I Have Ever Read

Steve Dibert, MFI-Miami

Five years ago, most people had never heard of Elizabeth Warren, a Harvard Professor who lectured about consumer affairs.  After the market crash in 2007, she became a regular talking head on cable news talking about the financial crisis.  She tried to claim that this whole crisis was the fault of unscrupulous mortgage brokers doing dastardly things to unsuspecting homeowners.  What she wasn’t doing was blaming Wall Street and as we later learned, Wall Street was behind this $70 trillion Ponzi scheme.

Warren’s arguments were later proven wrong but that wasn’t before for she used her influence as a Harvard Professor with key members of Congress to perform her version of “Sherman’s Marchon the wholesale lending industry.

Five years after Elizabeth Warren burst on the scene with her crazy claims dreamt up at the Harvard Faculty Club while being serenaded by the Harvard Mens’ Choir singing Fair Harvard, another whacked out academic type is emerging from that same bubble.

This new Warren-wannabe is Erika Christakis who some how convinced the fine editors at the Financial Times in London to let her write an op-ed piece in yesterday’s edition about how home ownership is bad for Americans because it fosters a sense of hate and despair.  Her logic is if you buy a house and hate the people in your neighborhood you’re screwed.

She writes:

“First, why, in the face of overwhelming reasons for selfishness, are humans altruistic and co-operative? Second, how do groups stay co-operative when confronted by people in their midst who don’t want to co-operate?”

It’s apparent her parents never let her watch Sesame Street as a kid because any American who grew up watching Sesame Street can still recite the words to “Who Are The People In Your Neighborhood?”

Like Bob and the Muppets tell us that if we talk to our neighbors, even the grumpy ones, we can live and work to make our neighborhoods a community.

Ms. Christakis’ cynical response to this is that Americans only communicate out of their own self interests.   It appears instead of watching Sesame Street, her parents brainwashed her with Ayn Rand novels.

After reading her editorial, its pretty clear Ms. Christakis never worked in lending or real estate.  It also appears that like my 50 year old friend who still lives at home with his parents, she has never left the warm comfy bed of academia.   According to her biography on her blog, she is a:

During my time researching her, I found that other than writing uninformed and asinine editorials about real estate, she penned a whacked out neo-feminist editorial for Time Magazine that read like a treatment for a Lifetime movie.  In that piece, she used her same inept logic to claim that men who hated the Twilight movies are sexist and bigoted because they want to deny women their right to fantasize.

The big difference between Elizabeth Warren and Erika Christakis is Elizabeth Warren actually had some knowledge of what she was talking about and would later educate herself enough to learn that mortgage brokers weren’t the reason for the housing crisis.  Erika Christakis on the other hand is more like Mel Brooks’ character Comicus in “History of the World, Part 1″:

 

 

 

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Steven J. Baum Agrees To Be Financially Spanked By Schneiderman

Agrees To Pay $4 Million To New York AG’s Office

Carolyn Thompson, Associated Press

Baum pays out $4million to AGNew York law firm that was harshly criticized after pictures surfaced from a company Halloween party where people dressed as homeless has agreed to pay $4 million in a settlement with the state over some of the tens of thousands of foreclosures it filed, attorneys said Thursday.

The agreement settles allegations that the Steven J. Baum Firm, one of the state’s largest-volume foreclosure companies, engaged in “robo-signing” and other paperwork shortcuts to process a huge number of foreclosure cases for clients including Wells Fargo,JPMorgan ChaseBank of AmericaHSBC and Citibank, according to Attorney General Eric Schneiderman’s office.

Schneiderman said his office has been investigating the suburban Buffalo firm since April 2011, months before the company drew withering public criticism over pictures from its 2010 Halloween party that were published in TheNew York Times.

They showed part of the office decorated to resemble a row of foreclosed homes. In one picture, a person had a sign around her neck that read: “3rd party squatter. I lost my home and I was never served,” apparently mocking the explanation of some homeowners facing foreclosure. The Times said a former employee provided the pictures.

The firm’s president, Steven J. Baum, who was labeled as insensitive and held up by the Occupy movement as a symbol of corporate greed, later apologized. The firm announced in November that it would close.

Between 2007 and 2010, Baum attorneys filed more than 100,000 foreclosure actions, about 40% of all of those brought in New York courts. Examiners determined the firm prepared complaints in “assembly-line fashion,” enlisting the services of an affiliated document processing firm, Pillar Processing. Pillar, which Baum started, also is named in the settlement, along with Brian Kumiega, the Baum firm’s managing partner.

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Judge Schack Tells Congress Illegal Foreclosures Create Constitutional Crisis

Kerri Panchuk, Housing Wire

A New York state judge known for taking it to the banking industry says foreclosures, in many cases, are riddled with shoddy document handling, assignment issues and ownership questions on mortgage notes.

New York State Supreme Court Judge Arthur Schack made those statements to the U.S. House of Representatives Committee on Oversight and Government Reform Monday.

Schack told the panel that foreclosure filings in Kings County, New York, soared from 3,500 filings or less per year to 7,000 annual filings after the housing bubble burst in 2007. The judge said opinions from his court and other benches need to be made in accordance with the law and not for the sake of “expediency.”

Schack highlighted the Second Circuit’s Bank of New York v. Silverberg decision, which held an assignee of a lender who never functioned as the actual holder or assignee of the note lacked standing to begin a foreclosure.

In discussing that case, Judge Schack said “the law must not yield to expediency and the convenience of lending institutions. Proper procedures must be followed to ensure the reliability of the chain of ownership, to secure the dependable transfer of property, and assure the enforcement of the rules that govern real property.”

In a 2009 profile on Shack in The New York Times said the judge “fashions himself a judicial Don Quixote, tilting at the phalanxes of bankers, foreclosure facilitators and lawyers who file motions by the bale.”

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