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Judge Voids Mortgage Due to Bank’s “Bad Faith”

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“[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. > Here’s a fascinating development: A Long Island judge voided the mortgage of a home-owner after the legal team for the creditor behaved in an egregious manner. 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 and ruling that the bank holding...
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