Nicholas M. Moccia, Esq.
Law Offices of Robert E. Brown, P.C.
See noteworthy article on the Law Office of Steven J. Baum, P.C. I believe it's a fair article, and allows Mr. Baum to speak in his own defense. Admittedly, it is all-too-easy to criticize a law firm in the current economic climate that specializes in taking peoples' homes assembly-line style. I will say that Baum's attorneys, whom I deal with almost every day, are in general professional and courteous, and do make a considerable effort to work out loan modifications in order to keep people in their homes. That being said, a firm which files as many as 25,000 foreclosures a year, even with the best of intentions, is bound to make errors. It is therefore crucial that homeowners who face foreclosure seek counsel to ensure that their rights are protected and they are given every opportunity to keep their homes off the auction block.
Law Offices of Robert E. Brown, P.C.
I would like to credit Rachel L. Arfa, Esq., for bringing this article to my attention.
NYLJ Firm Dominates Foreclosures but Faces Growing (00094141)
On Dec.15, 2009 Governor Patterson signed into law CPLR 3804 amending certain provision of the prior CPLR 3804. The amended law provided for (a) a Mandatory Conference with the judge, (b) made all home mortgages qualify (The prior law only made this if it is only a sub-prime mortgage or high mortgage and (c) required a 90 day notice prior to conducting the mandatory meeting.See S 66007 introduced by Senators KLEIN, FOLEY, SAMPSON, ESPADA, KRUEGER, BONACIC, MORAHAN, SAVINO Amd SS1303, 1304,2211 & 713, add SS 1305.See also Governor's Program #46.
ReplyDeleteIn my foreclosure action, HSBC's lawyers from Steven J.Baum's office provided totally false and perjured attorney affirmation of merit pretending that the amended law did not exist and thus obtaining a Default Judgment without requiring the court to conduct the mandatory requirements as laid down in the law. They are now trying to get me out from my home after allegedly buying my home at a foreclosure sale brought about through fraud for half its value for $286,000 and are resisting every effort to vacate the default judgment. Judge Hector LaSalle of Suffolk County Supreme Court refused to issue a stay of the execution of the judgment arbitrarily and capriciously and the appellate division denied my motion on March 1m 2011.
When I contacted the authors of the legislation, I had no answer as to how they are going to enforce the law. It seems HSBC is having a "deal" with courts as this judge refused to follow the mandatory requirements of the law. If you have any questions, please contact me on 631-841-6222 or send me an e-mail trdavid2009@gmail.com. The appellate division second Dept. refused to grant a stay today on March 1, 2011. See dkt No.2011/1548
Sincerely,
T. R. DAVID