MFI-Miami Blog

WARNING! The NYS Foreclosure Moratorium Is Bullshit! Cuomo Is Blowing A Lot Of Hot Air The NYS foreclosure moratorium is nothing more than hot air coming out of New York Governor Andrew Cuomo’s mouth. The NYS foreclosure moratorium has no teeth and is as impendent as a Nevada Boxing Commissioner. As it turns out, Cuomo was pulling a Trump. He made it sound like when he approached lenders he  pulled a Rowdy Roddy Piper from  They Live . He then forced them to accept a moratorium. However, the mortgage moratorium was nothing more than a plea and a strong suggestion to lenders. Cuomo touted the moratorium by saying: If you are not working or working only part-time, we will have banks and financial institutions waive mortgage payments for 90 days. Read more at MFI-Miami

New York State Courts Are Open For Business! Lawyers And Judges Are Revving Up To Resume Foreclosures and Evictions! New York State courts are back in business. They will be conducting hearing telephonically and electronic hearings through Skype. Chief Judge Janet DiFiore’s made the announcement last week of New York’s transformation to a virtual court system. Chief Administrative Judge Lawrence Marks laid out the guidelines for the implementation of the system.  Pending cases  may proceed exclusively via Skype for Business effective this week. Foreclosure mill attorneys and attorneys representing landlords are hoping judges will let pending foreclosure and eviction cases go forward. Read more at MFI-Miami

New York Coronavirus Update: Cuomo And Albany Say, “Full Steam Ahead!” For Foreclosure Lawsuits And Auctions! New York Coronavirus update!  The coronavirus pandemic has shut down NYS and local governments except for essential personnel. The pandemic has also shut down schools. Office buildings and businesses are closed. As a result, people can’t go to work.  Yet, the courts are open in a limited fashion across New York. Attorneys can still file documents and yes, they can still file foreclosure complaints. Albeit, electronically. The NYS court system is still moving ahead with foreclosure filings and foreclosure auctions.  Several counties including the boroughs of New York City have enacted eviction moratoriums. However, the courts are still chugging along with foreclosure lawsuits and auctions. The NYS court system is allowing banks to ram foreclosures through in less than 6 months. Read more at MFI-Miami

Homeowner Alert: Lenders Are Using Private Investigators To Dig Up Dirt On You When It Comes Time To Foreclosure! MFI-Miami has issued a homeowner alert after learning lenders are harassing homeowners in New York. Wall Street lenders are getting more and more sophisticated with their surveillance of their customers. They are walking the thin line of invading a homeowner’s privacy. New York homeowners have been contacting us and it seems as if lenders are hiring private investigators to spy on and harass homeowners.  New York homeowners also report spotting people in trees across from their homes with binoculars. Homeowners also allege they have been tailed driving to work by “child molester” looking windowless work vans.  Read more at MFI-Miami

Big Win For Homeowners! New York Foreclosure Lawyers Must Now Prove They Have Legal Standing To Foreclose  It’s a big win for homeowners! New York Governor Andrew Cuomo recently signed a bill requiring New York foreclosure lawyers to prove they have legal standing to foreclose. The new law is expected to level the playing field for homeowners in foreclosure. Assemblymember Helene Weinstein and State Senator Brian Kavanagh sponsored the bill. The law amends Article 13 in Real Property Actions & Proceedings. It also allows defendants more leeway to bring up the defense of “standing” in foreclosure court,  Kings County Politics  reports. New York has some of the highest delinquency and foreclosure rates in the county.  According to  LendingTree,  the New York metro had the highest serious delinquency rate in New York state. Read more at MFI-Miami

NYS Courts Are Fast-Tracking Foreclosures As Real Estate Vultures Stalk New York Homeowners  Real estate vultures are watching you on the internet. They are waiting for the perfect moment to strike so they start pecking at your financial carcass. In addition, you may not even know they stole your house out from under you until it is too late.   They know you are in foreclosure and they are waiting for you to lose your house. They know that the courts in New York are fast-tracking foreclosures. Matter of fact, New York courts are moving faster than Florida did under the rocket docket. The days of New York foreclosures taking 4-5 years are history. The courts have foreclosures down to less than 6 months. This is not good for homeowners wanting to fight their foreclosures.  Homeowners need to be prepared to fight their lenders. As soon as homeowners get served foreclosure papers, they need to come out of the gate swinging. Lenders are also motivated to take...

How New York Homeowners Are Scoring Free Houses During Foreclosure Using New York’s Statute Of Limitations Law New York homeowners are using a legal tactic to score a free house during foreclosure. MFI-Miami and our partner law firms used to use a similar tactic in Florida. That was until the  Florida Supreme Court  stepped in with the  Bartram decision . Now we can only argue standing and the validity of the debt. The good news is that the New York State Courts are allowing homeowners to invoke the statute of limitations. Yes, this is a game changer for New York homeowners. New York homeowners facing foreclosure are beginning to invoke New York’s six-year statute of limitations law. The NYS statute of limitations begins when the homeowner receives the original notice of acceleration from their lender. The courts have ruled a lender must also send out a de-acceleration in order to initiate a second foreclosure action. Read more at MFI-Miami