Sunday, September 26, 2010

Brooklyn Judge Schack tosses bad foreclosure filings -

Brooklyn judge tosses bad foreclosure filings - "Judge Schack examines every filing in detail. That's because 'every case is unique,' said the 64-year-old judge, a former high-school social-studies teacher.

Why the large number of foreclosure dismissals for a procedure that is often routinely granted?

'I read papers. I ask questions. I look at things and this is what I come up with. That's why some foreclosures are denied,' according to Judge Schack.

He raises questions about the assignment of ownership. He raises questions about attorneys' knowledge of the facts. He raises questions about potential attorney conflicts of interest.

All these irregularities raise Judge Schack's ire when asked why so many foreclosure applications get tossed.

'I'm not the creator of this mess,' he complained.

The mess, he said, is in the recording and assignment of mortgage sales. Often people with physical control of a mortgage agreement come to his courtroom, he noted, but don't have clear title to the property."

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