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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6849
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Per Chap 48 48 Stat 112, I've recently applied a private

Customer Question

Hello. Per Chap 48 48 Stat 112, I've recently applied a private administrative process using a set-off bond to discharge a mortgage loan debt. I'll be going to a foreclosure litigation hearing soon. Generally, does the remedy hold in foreclosure court? Thanks.
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Suffolk County New York.
JA: Has anything been filed or reported?
Customer: A preforeclosure hearing was initially scheduled and attended. The bank had submitted it's supportive docs per their claims that the loan and debt were valid. The creditor has completely ignored the private administrative process which was served to the creditor's CFO throughout the process. I had sent the creditor's attorney the documentation for the private administrative process including my Affidavit of Reservation of Rights. They showed up as if the debt was valid and were ready to consider an application to refinance. I said, no...the debt is satisfied. As a result, the Magistrate declared that the case would be moved to litigation and that I would have a date in about 3 weeks. I'm still waiting for a date and a foreclosure justice to be assigned.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I guess that's about it for now. Thanks.
Submitted: 15 days ago.
Category: Real Estate Law
Customer: replied 15 days ago.
What is the best way for me to proceed at the litigation hearing? Thank you.
Expert:  Irwin Law replied 15 days ago.

I'm sorry, but I do not see any possible connection between http://legisworks.org/sal/48/stats/STATUTE-48-Pg112b.pdf and the private administrative process which you are attempting to use as a foreclosure defense. Unless you can produce a New York Court of Appeals case that says otherwise, I predict that your defense will be found ineffective and that an adverse foreclosure judgment will follow. While I hate to be the bearer of bad tidings, sometimes honest opinions can save a person unnecessary stress, grief and monetary expense.

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Customer: replied 1 day ago.
Hello Mr. Irwin,Thanks for your response. I believe you could be right, pending corruption in the court proceeding where the oaths of office are dishonored or are misleading. I realize that my requesting your input presents a conflict of interest for you while as an attorney you are an officer of the court. On the surface, it appears that you're unfamiliar or might not have hands-on experience with laws pertaining to debt in America and the remedy the USA was required to offer in 1933 in response to removing our ability to pay debts.I have already successfully used the process with other forms of debt and have all legal docs to show that I have applied the remedy for this mortgage loan where the creditor accepted my offer of a UCC registered private set-off bond as payment in full by default per rule of law.Sometimes, it takes a pioneer and some courage to create the first "New York State Court of Appeals case that says otherwise". I'll be requesting a refund.Thanks,Joe S.

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