Foreclosure

Homeowners Can Now Challenge Bank’s Failure to Negotiate in Good Faith

MFY attorney Chantal Hernandez won an important victory for homeowners in foreclosure with a decision by the Appellate Division, Second Judicial Department that holds that a bank’s failure to follow federal government regulations constitutes a failure to negotiate in good faith. The court also agreed that tolling of interest on the mortgage while the bank …

MFY Files Suit Against Foreclosure Scammer

MFY filed a groundbreaking lawsuit on behalf of a Queens homeowner who paid thousands of dollars in fees to a company that promised a loan modification and legal services but provided nothing. The New York Post describes the suit, the first of its kind filed in the city under the distressed property consultant law.

MFY’s Advocacy Leads to New Law Ending the Foreclosure “Shadow Docket”

MFY’s vigorous advocacy to end the foreclosure “shadow docket” led to a new law signed today by Governor Cuomo to end this abusive practice.  MFY’s 2011 report, Justice Deceived, showed how homeowners were prevented from getting loan modifications because lenders’ attorneys failed to file documents to move their cases to the settlement part. Read more.

ACLU Represents MFY in FOIA Appeal

MFY has retained the ACLU to represent it in an administrative FOIA appeal.  On April 24, 2013, the Consumer Financial Protection Bureau (CFPB) refused to disclose consumers’ complaints narratives and CFPB’s follow-up to the complaints under FOIA’s privacy exemption (Exemption 6) in response to MFY’s inquiry.  In its appeal, the ACLU has challenged such a …

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