Friday, March 24, 2017

FORECLOSURES IN FEDERAL COURT



The common practice in New York is to start a mortgage foreclosure action in the appropriate county New York State Supreme Court; however, in the past several years, many legal commentators have written about the use of the federal court system as a forum that might short circuit the use of the usual defense and delay tactics. The hope is that federal court will expedite the process.  However, these writers also questioned whether  federal court is as effective as a forum as some lawyers might hope for, and their clients the lenders.

According to one source, there are currently over 1500 foreclosure cases filed in the Southern, Eastern, Northern and Western District courts in New York.

For a list, see https://dockets.justia.com/browse/state-new_york/noscat-2/nos-220

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