Author Archives: Kathleen A. Scanlon

Help for Troubled Homeowners: Do You Qualify?

The federal government has made various initiatives to try to help troubled homeowners with their efforts to remain in their homes.  I wanted to revisit the current loan modification program, HAMP as well as the refinance program, HARP,  that is already in effect for non-defaulting borrowers to refinance their current mortgage.   The question is:…

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Beat the Bank: Legal Defenses to Foreclosure

If you are served with a summons and complaint from your Lender seeking to foreclose on your home, you should seek advice and retain a real estate attorney who is well versed in mortgage banking and the laws governing foreclosure in your state.  Some of the viable defenses your attorney may raise on your behalf…

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The Tax Man Cometh: NY Reverses Position and Makes Title Abstracts Taxable

Supposedly to be in line with recent judicial case law, the New York State Department of Taxation and Finance has reversed its previous position and now declares that the sale of Title Abstracts are subject to sales tax in New York.  This new ruling will take effect September 1, 2010. The memorandum issued by the…

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Something for Everyone on the S&P Networking Site

Its summer I've been out having fun with my family at the pool, beach, BBQs etc. and unfortunately, my blog posts have become few and far between.  However, I wanted to alert everyone to some new posts over at our S&P Networking site: Events: In person networking is vital – online networking often starts the…

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Home Buyer Tax Credit Extended to Sept. 30th

So Congress finally got its act together and passed a bill extending the closing deadline for claiming the federal home buyer tax credit for real estate purchases until September 30, 2010.  The extension will be retroactive so that the thousands of buyers and sellers who have been mired down by short sales or the lengthy…

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Foreclosure Proceedings and the Right of Redemption in NY

New York is a judicial foreclosure state and the process can take over a year to proceed from Summons & Complaint through judgment and then auction. A homeowner has a right to redeem up and until auction, but unlike many states, there is no right of redemption after Sale (but see Bill proposing to allow…

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Round Two: Suffolk County Supreme Court’s Judge Spinner Takes on Wells Fargo

Having recently issued a decision canceling an Indymac mortgage lien in another foreclosure action, Judge Spinner turns his attention to the outrageous actions of Wells Fargo and holds the mortgage behemoth liable for trespass, resulting in $155,092.00 judgment, in Wells Fargo v. Tyson. At the outset, the court pointed out that the Plaintiff sent a…

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