So the expression goes, "Once in a Blue Moon." The saying expresses the most unusual of occurrences. Tell it to your neighbors in Staten Island, brought to the forefront once again in Friday's New York Post article by Tom Topousis and Ikimuusa Livingston, as they recount the paper's 2008 report of "Staten Island's Block of Broken Dreams: Foreclosure Street". It’s a neighborhood decimated, ruined and victimized by over anxious buyers, sellers and lenders, leaving behind a trail of victims.
It’s a neighborhood that cannot recover from itself. Read the article: 2006, sale of $445,100...2006, sale of $450,000....2007 sale of $377,265. No guessing games now. What are these homes worth in today's new values? $170,000 or maybe $172,000 or maybe, well, with a bit of imagination, you too can make an offer.
Is TARP a Red Herring?
TARP, Troubled Asset Relief Program, is our nation's equitable and fully implemented foreclosure mitigation program, designed to modify the defaulted mortgages of our owner occupied, one to four family dwellings for those whose homes are their principal residences, with loans of under $729,750 and purchased prior to January 1, 2009. Where was TARP for these Staten Island families? Where were the not-for-profit organizations and the housing counseling agencies for these families?
But more importantly, is TARP a red herring? We know for sure it is only successful "Once in a Blue Moon" but, is it a red herring? This term comes from the sport of fox hunting, where as the internet sites explain, a dried, smoked herring, red in color, is dragged across the trail of a fox hunt to throw the hounds off scent.
Many of the clients in our law firm have shared frustratingly similar experiences of long months of loan modification submissions, over and over again. Some of the most personal financial documents faxed and emailed to non-descript and anonymous sites and phone numbers that could not be traced down if your life depended on doing so, only to be met with familiar tales that your file is missing or the documents are not here or we have no records of your loan modification requests and you must re-submit.
Does this entire process come about as a result of TARP, our nation's "red herring"? Was it nothing more than a dead fish, tossed to a starving nation of foreclosed and undervalued property homeowners on the verge of disaster to throw us off the scent?
Signs seemed to offer hope.
We believed that something was now going to be accomplished. We believed that our homes, neighborhoods and families might be salvaged, despite the deceptive lending practices, our own bad judgments and looming mortgage foreclosure proceedings. And then, we turned to our Courts. New York State laws were enacted specifically to bring lenders and servicers into compliance with "due process" and civil rights protections.
A well publicized decision by the Honorable Justice Spinner, ordering a mortgage "canceled, voided, avoided, nullified and set aside", would only be reversed by the Appellate Division with an admonition that long established principals of contract and loan provisions must be adhered to, without activist judges to protect our homeowners. For those new clients to our law firm, the strategy is to look ahead. The Staten Island Foreclosure Street, maybe could have been avoided by the single handed strength and determination to keep your home and fight against mortgage foreclosure.
Sweeney’s decision: A familiar case.
For those new clients, the Honorable Justice Sweeney’s published decision took on the case of a New York City police officer and his family. Trial loan modification payments, hardships, loss of income, HAMP; the case involved all the characteristics and traits that each one of you readers are personally familiar with and know so well, because this is your life.
The record of that case demonstrated that this police officer accepted the trial modification, made all the monthly payments after which the lender then denied the permanent modification, without justification or explanation. Does this sound familiar? Are you waiting with baited breath? The decision: "ORDERED, that the plaintiff (the bank) is directed to execute a final modification based upon the terms of the original modification proposal, and it is further ORDERED that the complaint to foreclose the mortgage is dismissed."
To our callers, clients, and new clients in our law firm, a decision like this, even if only "Once In a Blue Moon" is not a "Red Herring", but is a call for our clients to fight against mortgage foreclosure and to Keep Home Your Own.
Contact Richard Rubin direct