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Judge Voids Homeowner’s Mortgage

A Long Island judge voided the mortgage of a home-owner after the creditor’s legal team behaved in an egregious manner:

The adjustable rate bank note issued Aug. 4, 2004 is’ hereby canceled, voided, nullified, set aside and is of no further force and effect . . . the lender and its successors are barred, prohibited and foreclosed from attempting, in any manner, directly or indirectly, to enforce any provision of” the mortgage loan. –Suffolk County Supreme Court Justice Jeffrey A. Spinner

We never asked for this. I was shocked, honestly. It’s not like we said, ‘Judge, please throw the loan away.’ We just wanted them [the bank] to be reasonable.–Greg Horoski, East Patchogue Home owner.

The lender lied in various dunning notices and court papers, claiming a balance due of $527,437.73, including an escrow overdraft of $46,627.88 for advanced taxes — even though the outstanding loan balance was $283,992.48 as of Aug. 10 and the taxes were already paid. Excerpt: A Suffolk judge awarded a Long Island family their East Patchogue house, wiping the slate clean on their mortgage debt.

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