A ‘Little Judge’ Who Rejects Foreclosures, Brooklyn Style
By MICHAEL POWELL
Published: August 30, 2009
The judge waves you into his chambers in the State Supreme Court building in Brooklyn, past the caveat taped to his wall — “Be sure brain in gear before engaging mouth” — and into his inner office, where foreclosure motions are piled high enough to form a minor Alpine chain.
This piece was sent to me from a friend. I missed it in the Sunday Times. What more could be said. I have seen several foreclosure documents and they sprinkled with these errors. One of the problems is that the attorneys of the defendants don't catch these errors and file for dismissal. Banks pay lawyers, accountants and administrator plenty of money, you would think that they could do their job correctly and submit documents to the court not much better than first year law students. But of course, they spent so much time trying to pass off these mortgages to other people so that they would not have them on their books, or so that they could make even more money by selling these CDOs and other exotic instruments that no one would be able to unravel, even themselves.
Justice Schack has every right to question these foreclosures. If the banks cannot prove clear title, they have no right to foreclose on a homeowner. If they do, then every shareholder of every company has a right to foreclose on the company they hold stock in, or at one time owned stock in.
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