on foreclosures and following rules …

It's all a mess! I'm a property owner AND I'm an investor (retirement accounts and other typical stuff …) so I'm not sure that I come down solidly either for home owners facing foreclosure or for the banks, but I am very much a rule governed person. I like when people and corporations have to follow rules. Is the weird?

clipped from www.nytimes.com

A ‘Little Judge’ Who Rejects Foreclosures, Brooklyn Style

Every week, the nation’s mightiest banks come to his court seeking to take the homes of New Yorkers who cannot pay their mortgages. And nearly as often, the judge says, they file foreclosure papers speckled with errors.

“To the extent that judges examine these papers, they find exactly the same errors that Judge Schack does,” said Katherine M. Porter, a visiting professor at the School of Law at the University of California, Berkeley, and a national expert in consumer credit law. “His rulings are hardly revolutionary; it’s unusual only because we so rarely hold large corporations to the rules.”

He has tossed out 46 of the 102 foreclosure motions that have come before him in the last two years.

At recent judicial conferences in Chicago and Arizona, several panelists praised his rulings as a possible national model.

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