The Kings County Supreme Court found that a borrower waived
the right to raise affirmative defenses including that the mortgage was not
properly accelerated when the Borrower signed a forbearance Agreement.
The agreement stated that the borrower and guarantor “reaffirms all obligations
contained within the Note and Mortgage and hereby agrees that there are no
offsets, defenses, claims (asserted or unasserted) or counterclaims against
First Central arising out of any transaction with [] First Central concerning
the Note and/or Mortgage, and hereby waives any and all offsets, defenses,
claims (asserted or unasserted) or counterclaims against First Central.”
For the decision & order click below:
I wish everyone would read this... signing things the Bank sends is just dumb. NOt in every case, but in MOST cases the Banks can't prove in court that they are the legal owners of your debt. If you fight the foreclosure... worst case is you lose. Same as if you don't fight it... difference is you get to stay in your house a couple of years longer... depends on how well you fight. Best case scenario... a free house with possible $Million in Damages on top of it. You decide. The Banker is your financial enemy... understand that.
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