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In New York State Supreme Court, many attorneys will require substantial payment for attending foreclosure conferences, a procedure set up by the New York State legislature after the subprime crisis in 2008-2009. If they do not also file the correct documents in Court these attorneys fail to preserve your rights. There are very short time limits for filing these documents, at the very beginning of your case. If your attorney fails to file these documents, you will not be able to present any defenses. These defenses may result in the dismissal of the foreclosure, or if not better terms from the bank.
What defenses can you present?
In a process that the banking industry called securitization, they placed hundreds of mortgages in trusts. They made digital copies of the mortgages in a separate corporation. But they often forgot about the Notes that the mortgages secure. If a bank doesn't hold both the Note and the Mortgage, under New York Law it cannot foreclose. You need an attorney who can present this defense for you. I'm that attorney.
The banks caused this crisis.
The banker who invented mortgage securitization, Louis Ranieri, said this about the 2008-09 crisis:
"When interest rates go up and refinancings end, the industry has to contract. It's never fun. But at the end of the last cycle in 2004-2005, all of a sudden - and some of us think not accidentally - instead of normal contraction we had this amazing growth of the subprime industry. It distributed the benefit of homeownership to people who never would have qualified for mortgages otherwise. That was one of the excuses: In the name of trying to enfranchise everybody, we started creating unstable loans that were designed to blow up in two years. Now the loans needed the tooth fairy to keep up their values.
There's an old Wall Street adage that there's a nexus between fear and greed. If you diminish fear, you get more greed.
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