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Mortgage Lending & Foreclosure Prevention

Consumers are faced with a variety of decisions and challenges when considering obtaining a mortgage to purchase a home or refinancing their current mortgage. They are doubly pressed when life circumstances cause them to go into default and when they are facing the possibility of foreclosure and losing their home.

Empire Justice Center has been working for over a decade to help assure that consumers have access to affordable, responsible mortgages and that their rights are protected when in foreclosure. This section of the website has information on state and federal laws to protect consumers with respect to mortgages and foreclosures, Empire Justice Center reports on mortgage lending and the foreclosure crisis, as well as resources to help consumers in default or at risk of foreclosure.

 


ARTICLES

Shed Light on the Foreclosure Shadow Docket
Materials in support of A.5582/S.4530. Read More

Foreclosure Shadow Docket: Current vs. Proposed Filing Requirements
This comparison shows that the requirements of the document that lenders must file (Attorney Affirmation) are much more stringent than the proposed Certificate of Merit, included in A.5582/S.4530, would require. Read More

New Yorkers for Responsible Lending Information on the Foreclosure Shadow Docket
Frequently asked questions and other information on New York's foreclosure Shadow Docket. Read More



IN THE NEWS

A.G. Schneiderman Commends Assembly For Passing Foreclosure Relief Bills
Bills Will Help Prevent New York Homeowners From Getting Trapped In The Growing “Shadow Docket” Of Frozen Foreclosure Cases Read More

Thousands of New Yorkers Could Avoid Foreclosure Under Bill Passed by Assembly
Thousands of New Yorkers facing foreclosure would have a better chance to avoid the loss of their homes under a bill the State Assembly approved today. Read More



POLICY ADVOCACY

Empire Justice Memo of Support: Ensure Fairness in New York’s Foreclosure Process
This bill requires certification to be filed up front with the summons and complaint. The certificate must verify that the lawyer has reviewed the facts of the case and verified with the plaintiff that there is a “reasonable basis” for filing the lawsuit. Read More

A Call for Transparency and Accountability When Liens are Placed on the Homes of Welfare Recipients
Currently, local social services districts do not provide the homeowner with an accounting of the amount of public assistance paid nor the amount of the accrued debt or credits made against the home. Read More



PUBLICATIONS

The Long Island Foreclosure Crisis: Stabilizing the communities most impacted by foreclosures in Nassau and Suffolk Counties
Study identifies hardest hit towns and strategies to keep families in their homes and limit damage to the local tax base. Read More

 

Paying More for the American Dream VI
This report examines systemic inequities in the mortgage market, as reflected in neighborhood lending patterns based on race and ethnicity. The authors analyzed 2010 Home Mortgage Disclosure Act (HMDA) data, and compared conventional and government-backed prime mortgage lending in seven U.S. cities, based on borrowers’ race and ethnicity and the racial and ethnic composition of neighborhoods. Read More

 


NEWSLETTERS

Policy Matters: September 2012
In between juggling children’s summer camps and activities, taking vacations and attending family reunions, Empire Justice Center staff members did a lot of policy work this past summer. We are happy to share what we did in this issue of Policy Matters. Read More

Policy Matters: June 2012
What an incredible year. We are so happy and proud to be able to share with you the great things Empire Justice advocates helped achieve during the course of this legislative session. These accomplishments will help and protect low income New Yorkers, individuals impacted by domestic violence, families facing foreclosure, and those who need, but cannot afford, an attorney to figure out how the law affects their fundamental human needs. Read More



TRAINING AND EVENTS

Representing Homeowners at Mandatory Settlement Conferences
Mandatory settlement conferences are now an integral component to the foreclosure process for subprime loans. The governor has signed a new law that expands the settlement conferences to all residential loans. Pro Bono lawyers have been approved to represent homeowners for the limited capacity of these settlement conferences. This training addresses important considerations for lawyers willing to represent homeowners in this capacity. Read More

New Approaches to Stabilizing Homeowners and Communities in Western NY
This taped broadcast is geared towards housing counselors, legal services organizations, lenders, public officials, community-based organizations, and anyone who is concerned with the impact of the foreclosure crisis on homeowners and neighborhoods in the western part of the State. Discussion topics include information about housing counseling standards, specialized foreclosure trainings, State programs addressing the foreclosure issue, and successful approaches to reducing foreclosures, among other topics. Read More



RESOURCES

Regional Mortgage Conditions from the NY Fed
The New York Federal Reserve recently updated its data on mortgage foreclosures and delinquencies. See where your county lands... Read More

Free Housing Counseling and Legal Services are available throughout New York
If you are behind in your mortgage, you should contact your mortgage servicer immediately and seek assistance from a non-profit housing counseling agency in your county. The NYS Division of Housing and Community Renewal (DHCR) maintains a list of reputable non-profit housing counselors on their website. Read More

Regional Mortgage Briefs
Today, one in 10 residential mortgages in New York City is seriously delinquent. Considerable variation exists among the counties, but most have foreclosure rates above the US level. Read More