The result has deprived New Yorkers of millions of dollars in additional money when they lose their homes.
The result has deprived New Yorkers of millions of dollars in additional money when they lose their homes. ·  View in browser
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Yamilet Salty’s former home. Salty was shorted over $1,500 in foreclosure proceedings. Photo: Gothamist
An investigation by New York Focus and Gothamist found lenders are using a disputed method of calculating debts in thousands of foreclosures and taking money from hundreds of former homeowners.
By Chris Bragg and David Brand

For years, Barbara Small fought to hold onto her house in Flatbush, Brooklyn, after it fell into foreclosure. On the day it finally went up for auction, she sobbed on the train ride to the Supreme Court building in Downtown Brooklyn. The outcome would mean forfeiting her nest egg. She wasn’t required to attend the sale but she was determined to show up anyway.

She had purchased the narrow, three-story brick home on Linden Boulevard in 2005 with her father, a former transit worker who’d emigrated from Barbados via London in the 1970s. The house was a place for him to live out his retirement as well as an investment for Small and her children once she retired from the U.S. Postal Service.

Window looking into a darkened foreclosed home. A yellow sign says "LENDER FORECLOSURE" and "PUBLIC HOME AUCTION." Smaller paper signs say "Warning No Trespassing" and note a lawn maintenance company.

Fourteen years later, her father was dead and she had lost the property after a series of financial setbacks, including a tenant who stopped paying rent. In her case, the mortgage was owned by a group of investors and managed by the Bank of New York Mellon and a loan servicer named Shellpoint.

A group of strangers lined up at the courthouse to bid on the building. Like most homes in foreclosure auctions, it sold in just a few minutes. The price: a little more than $1.3 million. A court-appointed referee named Jeffrey Dinowitz — who is also an influential state assemblymember from the Bronx — calculated what the lender was owed. After creditors and attorneys took their cut, Small said she was left with around $100,000, a fraction of the property’s true market value.

“ My dad tried to help me create a legacy for myself and my kids and now I have nothing really to give them,” Small said in an interview. “Generational wealth, it’s not for me.”

But Small, 67, could have been entitled to even more money. The attorney representing BNY Mellon and the mortgage servicer had used a disputed method for tabulating interest — one that contradicts the court system’s own guidance for referees — increasing the amount they took from her by tens of thousands of dollars.

The calculation, which applied interest to a higher overall amount than Small’s existing loan, benefited the mortgage’s investors but was also a potential violation of state law.

New York Focus and Gothamist conducted an independent analysis of state court records. It shows that the method has been used in thousands of foreclosure cases like Small’s. Collectively, the result has either deprived New Yorkers of millions of dollars in additional money when they lose their homes, or burdened them with higher levels of debt. Small’s attorney Mark Anderson has sued a group of lenders and their law firms, accusing them of “systematic fraud and theft” to boost profits at the expense of former homeowners.

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Copyright © New York Focus 2024, All rights reserved.
Staying Focused is compiled and written by Alex Arriaga
Contact Alex at alex@nysfocus.com

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