To: Amy Goodman, journalist/reporter, President Donald Trump, The New York State House, The New York State Senate, and Governor Andrew Cuomo
stand up for homeowner right to appear in foreclosure court
It is Un-American that I am barred from attending my own foreclosure court proceedings. Here in Dutchess County, New York, the bank's lawyer appears before a judge behind closed doors and decides my case without me present to defend myself. I am neither informed of the date and time of court appearances nor am I informed of the proceedings. I have to do research and make phone calls to the court to find any information and the information I am given is vague and incomplete. I am told to call the bank's lawyers for information. I do not trust information coming from the opposition. Is this even constitutional?
Why is this important?
I tried to contact the bank in 2008 when my ex-partner and father of my children lost his job and left our home, declaring bankruptcy and neglecting to contribute financially to the household. The bank told me they could not talk to me until I was in default for 3 months. So I went into default and started talking to them. I filed application after application for a making home affordable loan and continue to do so to this day. Six years later I am at the end of the foreclosure process and am being denied the right to tell my side of the story to the judge. I have been trying to negotiate with the bank and several different servicers for 6 years. Every time I would get somewhere the loan would be sold or the servicer changed and I would have to begin again. I have applied for several making home affordable loans. All the bank has offered is a reduction in interest rate from the original 2005 6.15% down to 2%. This was not enough to make my home affordable. The bank has not offered a principle reduction. I am a single mom who raised 2 children on my own. I have been through the mandatory conference period with the bank and court referee. At times the bank's representative didn't even show up. The referee ruled in the banks favor despite this and the case has proceeded to the judge. Furthermore the bank filed a summons and complaint in October of 2012 before the resale of my loan was filed with the county clerk. This is illegal. The bank has not yet provided the original loan document either. The bank has also been implicated in wrong doing regarding mortgage fraud etc. In2012 I consulted a lawyer who answered the banks petition. It cost $250. Then in December 2014, I consulted, Liz Gavin Esq. at Legal Services of the Hudson Valley who told me I may have a statue of limitations and that my case was slated for February 2015. Liz Gavin also told me the judge had never ruled in favor of a homeowner in his entire career. Legal Services dropped my case in January of 2015. I received not a single letter from the bank or the court explaining what was happening with my case. Judge Peter M. Foreman is handling my case. Index# 7609 (2012). I called the court to find out what the judge decided and the clerk told me the judge asked the bank for some paperwork and will reconvene on October 24, 2015. That is next month! I have no lawyer, no money to spend on one and there is a waiting list for free legal services. I was told I was not even allowed to be present in the courtroom but that I could write the judge a letter. This seems preposterous. I thought I had a right to defend myself in a court of law. How can I get help in publicizing these injustices and getting my day in court?