Fighting Home Foreclosures
Today’s weak economy affects almost everyone, including members of the observant community. Being unemployed, or just not earning enough, can cause uncomfortable predicaments, including that of not being able to pay one’s mortgage bills. Should enough months pass without one’s fiscal profile improving, the holder of the mortgage will move to foreclose on the underlying property.
This applies as well to homeowners who are current with their mortgages but in default on real estate property taxes. New York City auctions off default tax bills, many of which are purchased by banks with aggressive collection arms. Banks want to get paid. After a deluge of threatening notices, legal letters begin to appear. How one deals with those legal letters can determine eventual results.
In Brooklyn, many such situations end up in the courtroom of New York State Supreme Court Justice Arthur M. Schack. Judge Schack is widely quoted in the national media on his handling of mortgage foreclosures. The New York Times noted in 2009 that he “tossed out 46 of the last 102 foreclosure motions that have come before him.”
Judge Schack feels that as a judge, his “job is to do justice.” legal papers presented to him must conform to legal requirements. He requires that the papers introduced in his Court must (a) prove there is a mortgage, (b) prove who owns the mortgage, and (c) prove the mortgage is in default. At times the actual owner of the mortgage is difficult to determine, especially after subsequent assignments.
Presently there are approximately 12,000 mortgage foreclosures in various stages of process in Brooklyn. Twenty-five percent of those cases are assigned to Judge Schack’s courtroom. Each case is unique. Some are adjudicated by modification, some are dismissed, and others are foreclosed.
Many judges across the country have followed his lead and have intensified their scrutiny of the paperwork being presented. As a result, more cases are dismissed. According to Judge Schack, there is no backlash. Banks are free to appeal. Favoring neither the big guy nor the little guy, he says his mission is to achieve justice – something that cannot be accomplished with faulty paperwork.
Justice Schack’s Background
Justice Schack is a Brooklyn native, a product of Brooklyn’s public schools and Brooklyn College, earning his law degree from New York Law School. He has served as counsel for the Major League Baseball Players Association and maintained a general law practice, primarily in the areas of tax and real estate law. Judge Schack is also active in community affairs. In addition to being closely affiliated with the Boy Scouts of America, he has been a member of Community Board 10, serving in many capacities.
NYS Supreme Court Justice Arthur M. Shack
In 1998 Judge Schack was elected to New York City’s Civil Court for a 10-year term. In 2003 he was elected to the New York State Supreme Court. (In both elections, his candidacy was endorsed by The Jewish Press.) Impressively, more than 250 of his decisions were published by New York State Official Reports and the New York Law Journal. More than 50 of those decisions deal with foreclosure issues. In addition, he has been a guest speaker on foreclosure issues for the New York Judiciary, the Vermont Judiciary, the Federal Reserve Bank of Chicago, and major national business and financial media.
Greatly respected, he has been appointed an officer of the Brooklyn Bar Association and an executive of the New York City Association of Supreme Court Justices.
Judge Schack gives straightforward counsel, advising anyone in a difficult predicament to respond to all legal challenges. The courts will advise legal counseling, arbitration, compromises, settlements, and modification. All these possibilities are unavailable if the delinquent homeowner hides. The chances of holding on to one’s home are infinitely greater if one responds. The process, according to Judge Schack, can only help, and, of course, the sooner the better.
History Is Repeated In Hungary
The present Jewish population of Hungary is approximately 100,000, with most residing in Budapest. The first Jews settled in Hungary in the 11th century. The first record of an officially appointed rabbi for Buda, one of the three cities that eventually combined to become Budapest, was Rabbi Akiva ben Rabbi Menachem Hakohen zt”l in the 1400s. The first sefer to be published in Hungary was Minhagim Shel Kol Hamedina, in 1421, by Rabbi Rabbi Isaac Tirna, zt”l. This was before the printing press. The sefer was hand copied and circulated.
Chasam Sofer, zt"l
There were 45,000 Jews living in Budapest in 1869; 102,000 in 1890; 204,000 in 1910; and 205,000 in 1930. The Emancipation Act of 1868 granted the Jews equality before the law, and they were no longer excluded from owning property and holding public office.