NYDFS Superintendent Lawsky Delivers Remarks on Reforming New York Foreclosure Process

Foreclosure NYDFS

On May 19, NYDFS Superintendent Lawsky delivered remarks at the Mortgage Bankers Association’s National Secondary Market Conference & Expo regarding New York’s “broken judicial foreclosure process.” Noting that the state’s average of over 900 days from the date of filing to sale is more than a year longer than the national average, Lawsky stated that the “current system hurts virtually everyone involved in the foreclosure process,” including municipalities, lenders and mortgage investors, the courts and, most importantly, homeowners and their families. In a report issued the same day, NYDFS details the causes of the problems. In response, Lawsky proposed a number of legislative reforms intended to facilitate the “twin goals of protecting homeowners from foreclosure abuses and encouraging the efficient return of foreclosed properties to the market.” Lawsky emphasized that, “contrary to popular belief, these goals are not mutually exclusive. The key to achieving both is having a sound and timely judicial foreclosure process that is fair to both homeowners and the mortgage industry.” The specific reforms include proposals to modify the mandatory settlement conferences that cause much delay early in the litigation process, to improve disclosures to homeowners regarding their rights and obligations, and to expedite the foreclosure process for vacant and abandoned “zombie homes.”