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Protections for New York Homeowners

In 2008, New York passed comprehensive legislation to add protections for homeowners with subprime mortgages facing foreclosure. In 2009, the state extended these protections to all homeowners living in their homes. Homeowners living in their homes should receive a notice at least 90 days prior to the initiation of a foreclosure lawsuit, giving them the contact information for the mortgage servicer and providing a list of at least 5 counseling agencies in the homeowner’s area. In addition, a court monitored mandatory settlement conference must be held within 60 days of the filing of the foreclosure for all homeowners living in their homes. Additional resources have been provided to non-profit counseling and legal services organizations statewide to provide direct assistance to homeowners.


An Analysis of Life After HAMP
A comparison of recent modification results to those the homeowner would receive under the MBA OneMod proposal. By National Council of La Raza, National Housing Resource Center and Empire Justice Center. Read More

Restoring Neighborhoods: New York State’s 2016 Zombie Property and Foreclosure Prevention Act
On June 23, 2016, Governor Andrew Cuomo signed into law Chapter 73 of the Laws of New York 2016. The new act includes provisions and intentions that were part of several bills introduced throughout the session to address the zombie property and foreclosure crises in New York State. Read More

CFPB Provides Guidance to Avoid Disability Income Discrimination
The Consumer Financial Protection Bureau (CFPB) recently issued a bulletin reminding lenders that requiring unnecessary documentation from consumers who receive Social Security disability income may raise fair lending risk. The bulletin calls attention to standards and guidelines that may help lenders comply with the law, and help ensure that recipients of Social Security disability income receive fair and equal access to credit.  Read More

Top Ten Ways The CFPB Can Help You With Financial Questions
The U.S. PIRG Education Fund has put together this great resource of how the CFPB can help you. It includes information on how to make complaints to the CFPB. Read More

Protection & Help for NY Homeowners: Articles


WATCH: The Zombie Home Apocalypse In Monroe County
According to Rebecca Caico, Senior Staff Attorney with Empire Justice Center, there are thousands of zombie properties in Monroe County. We’ll discuss how they’re haunting taxpayers in ways they may be unaware of. Read More

New York Attorney General Examining Private Equity Firm’s Mortgage Business
The rapid growth of Caliber Home Loans, a mortgage company owned by the private equity giant Lone Star Funds, has led to a surge in consumer complaints. Now it has led to regulatory scrutiny of Caliber’s business practices. Read More


Empire Justice Memo of Support: Improving Mortgage Foreclosure Settlement Conferences
This bill provides clarifying amendments to CPLR 3408, bringing the statute in line with the rules and practice of the courts. Read More

Empire Justice Memo of Opposition: Vacant and Abandoned Bill is Harmful to Tenants and Consumer Protections
Empire Justice Center strongly OPPOSES S.4498. While we support the concept of moving foreclosures on truly vacant and abandoned buildings along more quickly, this bill will not significantly hasten the timeline (if it hastens it at all), and only quickens the process at great cost to tenants and owners. It also will cause loss of material consumer protections. Read More

Protections for New York Homeowners: Policy Advocacy


Policy Matters April 2012
Empire Justice Center’s newsletter focused solely on policy. This inaugural issue will focus on the recently passed state budget and how it will affect lower income New Yorkers, including people at risk of foreclosure, health care consumers, people with disabilities and those needing civil legal services. Read More


New York's Foreclosure Process: From Standing to Settlement Conferences and Everything in Between
This presentation discusses and presents solutions to the procedural and substantive challenges in New York's Foreclosure Settlement Conference Process and updates practitioners on laws and regulations, legal issues, government programs, and resources to help homeowners facing foreclosure. Read More