Sanction vs bank in foreclosure case went too far: appeals court

Categorized | STOP FORECLOSURE FRAUD

Sanction vs bank in foreclosure case went too far: appeals court

Sanction vs bank in foreclosure case went too far: appeals court

As i’ve mentioned before, there is something strange going on in New York with these reversals.


Reuters-

A New York state judge’s order sanctioning Wells Fargo for failing to negotiate during a foreclosure settlement conference violated the bank’s constitutional rights, a state appeals court ruled Wednesday.

The Appellate Division, Second Department, reinstated a foreclosure action brought by Wells Fargo Bank N.A. against Paul and Michela Meyers.

In doing so, the court held that Acting Supreme Court Justice Patrick Sweeney in Suffolk County had overstepped his authority by dismissing the complaint and ordering the bank to enter a loan modification.

The order violated the Contract Clause – which bars the impairment of a contractual relationship – by effectively rewriting a mortgage and loan agreement, as well as Wells Fargo’s due process rights by not giving it notice that the Supreme Court was considering the dismissal and modification, Dickerson wrote.

[REUTERS]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 8607 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com
Kenneth Eric Trent, www.ForeclosureDestroyer.com

Archives