New York State Makes Important Move Towards Justice

The New York Law Journal reports that New York state has a new rule for foreclosures that will force a complete overhaul of the now-standard practices of the foreclosure business: Attorneys will have to certify under penalty of perjury that they have personally reviewed all the key documents — in all pending and new cases — and that they have spoken directly with their clients, the foreclosing financial institutions.

See full article from DailyFinanceclick here
Yes, it will become increasingly difficult for our states, their legislators and their judicial systems to turn a blind eye to the injustice and illegality of  foreclosures. Banks and their “foreclsoure mill” attorneys will no longer be able to break the law on their continued quest to transfer (steal) the wealth of this nation.
New York State Chief Judge Johnathan Lippman tells DailyFinance: “We’re aware of what’s going on, we don’t live in a vaccum, and with all the reveleations coming from the lenders themselves of systemic problems, the flawed notarizations, the robo-signing, we feel we can’t close our eyes to this. We’re turning to the lawyers and saying talk to your clients, talk to people with knowledge of the proceeding and make sure they are credible. We are acting to preserve the integrity of the court system.”
What Chief Judge Johnathan Lippman is really saying is that the people – not the lenders themselves – have cried “foul”.  Attorneys like Tom Ice of Ice Legal (whose deposition of a GMAC robo-signer led to his outcry) and more recently The Ticktein Law Group who has documented hundreds of cases involving fraudulent paperwork.  Chief Judge Lippman should be reminded that several judges in New York had recognized this “revelation” (fraud) years ago.  Most notable of these judges is Superior Court Judge Arthur Schack who on more then one occasion ruled against the bank denying their motion for summary judgment.
Remember also one of the first judges, Federal Judge Boyco of Ohio who dismissed 17 actions in ne day against a lender for not having “Standing” – the right to take the action – in these cases.
This is not a new “revelation”, Your Honor, it is just that you can no longer ignore the law and more important, the rights of the people.  As I have always said, “The Law Is The Law For Everyone”.
Bloggers like me and dozens of others have been trying to tell this story for over three years now.  Attorneys like April Charney, Neil Garfield and a host of others have been publishing this story for years now.  But, as the old saying goes, “better late then never”.
This new rule in New York will challenge the self imposed “above the law” authority they have assumed since the very beginning of their criminal behavior in creating this economic crisis.
This rule has teeth.  Attorneys must certify, under penalty of perjury, that the documentation of each and every foreclosure – both current cases and future cases – be in order.  In addition, as I read it, the attorneys must also have direct personal communication with the lender or servicing company referring the case to them – another practice that seemingly did not occur very often if at all.
As the article in DailyFinance points out, this rule will bring to a halt the 78,000 pending foreclosure cases.  A victory for the people and an even greater victory for the preservation of our justice system.  It is also a big lesson and a loud statement for our financial institutions who have attempted to control our economy and our government.
This is a first step in the process of preserving our legal system.  It only punishes attorneys with potential loss of license but does nothing for the originators of the many frauds – the banks and other financial institutions.  They too must know there are sever legal consequences.  Felony fraud is a crime punishable by jail time not fines.  Those in command of these Too Big To Fail institutions must realize that they too can become Bernie Madoff roommates.
There are now 49 states left to take a similar action as the bank crimes of foreclosure exist in all of them.
Now is the time to fight back.  If you are in foreclosure or pending foreclosure – regardess of whether you are in a non judicial state or a judicial foreclosure state…fight back!
Hire an attorney with experience in foreclosure defense.  If you cannot afford an attorney, then at the very least defend yourself Pro Se (represent yourself).  There are many blogs out there like Neil Garfield’s Livinglies – http://www.livinglies.wordpress.com.
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