SILS Assists Homeowners at Court-Mediated Foreclosure Settlement Conferences

"STATEN ISLAND, N.Y. -- Judith Chhakowrie stood in the hall of Supreme Court recently dabbing tears from her eyes and quietly asking a lawyer some startling questions: 'Can they kick me out of my house?' 'What happens if I walk away from the house?'"

 

In the past, Miss Chhakowrie may have never even showed up at court to challenge her foreclosure. With no money left to hire a lawyer and shame weighing heavily on many homeowners like her, losing the house was often a foregone conclusion.

But a new state law that went into effect late last year is changing how courts handle the foreclosure crisis by requiring judges to schedule mandatory settlement conferences between lenders and homeowners who received subprime and exotic mortgages -- the kinds of loans that triggered a national and global economic crisis.

Legal Services of Staten Island provides counseling for homeowners who can't afford to bring an attorney to the foreclosure conference, and the Richmond County Bar Association has offered help.

 [...]

Attorney Margaret Becker with the Homeowner Defense Project at Staten Island Legal Services in St. George also believes the program is working, with many bad loans moving in the direction of a solution. She said the biggest problems so far involve bank attorneys who don't come to the conference with the authority to settle and homeowners who don't show up at all.

"Homeowners need to come to court," she stressed. When homeowners come to court without an attorney, Ms. Becker often finds herself stepping in as both counsel and counselor. That's what she was doing recently with Miss Chhakowrie, who took a day off from her teaching job to attend the conference.

Putting in extra hours at an after-school program, Miss Chhakowrie figured she could make the $1,700-a-month mortgage and the additional $389 in maintenance fees on her Midland Beach home. She was renting in the Crown Heights section of Brooklyn and desired a better life for her daughter on Staten Island, she said.

"I honestly thought I could do it," she said. "I thought I was a superwoman."

Read the rest of the article at SILive.com