Real Estate & Property Law

New York to Guarantee Lawyers to Homeowners in Foreclosure Cases

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New York is on its way to being the first state to offer all homeowners facing foreclosure a court-appointed lawyer.

There are about 80,000 foreclosure cases in the New York state court system, according to the New York Times. Court officials plan to draw appointed attorneys from legal aid groups and volunteer organizations. Judge Jonathan Lippman, the state’s chief judge, has asked the New York legislature for a $100 million increase for legal services programs over the next four years.

Currently, he says, the system is not fair for foreclosure defendants who lack legal representation.

“Banks wind up with the property, and the homeowner winds up over the cliff, on the street,” Lippman told the New York Times. “It doesn’t serve anyone’s interest, including the bank’s.”

The first courts to implement the plan will be in Queens and Orange counties. According to Steven Banks, the New York City Legal Aid Society’s attorney in chief, the plan is to help homeowners in the early stages, rather than wait until eviction is near.

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