UNDERNEWS

Undernews is the online report of the Progressive Review, edited by Sam Smith, who covered Washington during all or part of one quarter of America's presidencies and edited alternative journals since 1964. The Review has been on the web since 1995. See main page for full contents

August 31, 2009

LOCAL HEROES: SOMEONE IN GOVERNMENT WHO ACTUALLY CARES ABOUT FORECLOSURES

NY Times - The judge waves you into his chambers in the State Supreme Court building in Brooklyn, past the caveat taped to his wall - "Be sure brain in gear before engaging mouth" - and into his inner office, where foreclosure motions are piled high enough to form a minor Alpine chain.

"I don't want to put a family on the street unless it's legitimate," Justice Arthur M. Schack said.. . .

He plucks out one motion and leafs through: a Deutsche Bank representative signed an affidavit claiming to be the vice president of two different banks. His office was in Kansas City, Mo., but the signature was notarized in Texas. And the bank did not even own the mortgage when it began to foreclose on the homeowner.

The judge's lips pucker as if he had inhaled a pickle; he rejected this one.

"I'm a little guy in Brooklyn who doesn't belong to their country clubs, what can I tell you?" he says, adding a shrug for punctuation. "I won't accept their comedy of errors."

The judge, Arthur M. Schack, 64, fashions himself a judicial Don Quixote, tilting at the phalanxes of bankers, foreclosure facilitators and lawyers who file motions by the bale. While national debate focuses on bank bailouts and federal aid for homeowners that has been slow in coming, the hard reckonings of the foreclosure crisis are being made in courts like his, and Justice Schack's sympathies are clear.

He has tossed out 46 of the 102 foreclosure motions that have come before him in the last two years. And his often scathing decisions, peppered with allusions to the Croesus-like wealth of bank presidents, have attracted the respectful attention of judges and lawyers from Florida to Ohio to California. At recent judicial conferences in Chicago and Arizona, several panelists praised his rulings as a possible national model.

1 Comments:

Anonymous Mairead said...

There's a man who needs elevation to a more powerful bench. SCOTUS would be a good choice.

September 1, 2009 9:55 AM  

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