Not a pretty sight. Man has little to no chance against the mighty Mortgage wielder. Courts typically tip their hat and rubber stamp banks’ foreclosure proceedings. But not every time. Lawyers take note: on Oct. 9 in federal bankruptcy court in the Southern District of New York, Judge Robert D. Drain wiped out a $461,263 mortgage serviced by those crooks at PHH. Ruling that the lender, PHH Mortgage hadn’t proved its claim to a delinquent borrower’s home in White Plains, NY he smacked them down. That’s right: the mortgage debt disappeared, via a court order.
To boot the United States Trustee, a division of the Justice Department has taken an interest in the White Plains case. Its representative has attended hearings in the matter, and it has registered with the court as an interested party.
I applaud Gretchen Morgenson not just because we share the same “SON” in our last names but because she continues to use voice at The New York Times to publish thought provoking and informative perspectives about Man versus Mortgage. Her article on Oct 25, 2009 was outstanding. Every lawyer working with a homeowner should take the time to review her article and read the cases she references.
