The following is from a recent Washington Post article:

A top federal bank regulator said Thursday that he has directed seven of the nation’s largest lenders to review their foreclosure processes after learning about the widespread mishandling of homeowner evictions by the industry.

John Walsh, acting director of the Office of the Comptroller of the Currency, told lawmakers during a hearing on the financial regulatory overhaul enacted this summer that some lenders “clearly had deficiencies” in their system for foreclosures.

The banks contacted by regulators include J.P. Morgan Chase, which announced Wednesday that it was freezing 56,000 foreclosures after finding errors in its preparation of documents, according to OCC spokesman Kevin Mukri. Other lenders contacted include Bank of America, Citibank, HSBC, PNC Bank, U.S. Bank and Wells Fargo.

“We both want to see that they fix the processing problems but also to look to see whether there is specific harm [that has been caused] in individual cases,” Walsh said.

Revelations about widespread paperwork problems with foreclosures led Ally Financial, another major lender, to suspend evictions last week in 23 states where a court order is required to seize a property. Since then, the industry’s handling of foreclosures has come under close scrutiny from regulators, with attorneys general in several other states calling for Ally to halt foreclosures.The paperwork problems range from potentially forged documents to bank employees who never read borrowers’ files before signing off on an eviction.

In J.P. Morgan’s case, Mukri said the bank “determined that its affidavit procedures were non-compliant with foreclosure processing requirements in some states.” He added that although J.P. Morgan has fixed internal procedures, the “negative impact or harm to customers has not been determined at this point.”

“While we don’t expect our review to find that consumers were harmed, we will take appropriate action if we find any impact,” JP Morgan spokesman Tom Kelly said.

Mukri would not comment about other banks but said that the OCC has teams permanently stationed at each one and that those teams have been in close contact with senior management at the banks to ensure the reviews are completed in a timely manner.

Citibank declined to comment on the OCC’s request but said it has strong training to ensure that employees in its foreclosure group are aware that they should have personal knowledge of the information in documents that require this before signing them and that staffing levels are adequate to allow them to review them properly.

There was no immediate comment from the other banks on Thursday.

Read the entire article here.

Tenant Files Bankruptcy

On June 16, 2010, in Bankruptcy, Landlord-Tenant, by Robbie L. Vaughn, Esq.

Tenant Files Bankruptcy

What happens if my tenant files bankruptcy?

Back Rent

If the tenant owed back rent and filed for chapter 7 bankruptcy, that debt is now likely discharged. This means that you will never be able to collect the rent that was owed to you at the time the tenant filed for bankruptcy. The tenant can voluntarily pay you, but you can not attempt to collect that past due rent while the automatic stay is in effect or after the debt is discharged.  Such attempts would be either a stay or discharge violation.

Eviction

If you were in the process of evicting your tenant when they filed for bankruptcy, that eviction action is now likely stayed. This means that you will have to make a “lift stay” motion and have it granted by a Bankruptcy Court Judge in order to continue with the eviction in Landlord-Tenant court. However, under certain specific circumstances you will be allowed to continue with the eviction despite your tenant having filed for bankruptcy.

Long Island Landlord Tenant Attorney

As always, the  Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

Tenants and Foreclosure

On May 17, 2010, in Foreclosure, Landlord-Tenant, by Robbie L. Vaughn, Esq.

Many tenants are finding out that the property they are renting has been foreclosed on. As I stated in an earlier post, NY foreclosure law now requires that tenants residing in foreclosed properties receive written notification of the change in ownership of the property. The law also requires that the tenant be allowed to remain in  the foreclosed home for the remainder of their lease term or 90 days, whichever is longer.

Hopefully, you have a lease that was executed prior to the start of the foreclosure action and can find suitable housing for you and your family before your lease expires. If you do not have a lease, then you will only have 90 days to pack up and move your loved ones and all of your belongings.  After that, the new owner, which often times is the foreclosing lender, will seek to evict you.

If you are facing this type of eviction or any other type of eviction, we may be able to stop the eviction and get you additional time to move, etc. We were recently able to stop a foreclosing lender from forcing a family of seven (7) out onto the street.

Long Island Landlord Tenant Attorney

As always,  the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  Contact us at (516) 858-2620 to arrange a consultation with a Landlord-Tenant and Foreclosure Defense Lawyer.

Please visit our Foreclosure and Landlord-Tenant categories to learn more about foreclosure and Landlord-Tenant issues.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan