NYS Foreclosure Defense Bar Urges Chief Judge Lippman to Halt Baum Cases

Nov. 3, 2011 - PRLog -- NEW YORK – A leading homeowner defense bar association has called on New York’s top judge to halt any foreclosure cases brought by a firm representing major mortgage lenders amid accusations of unscrupulous behavior at the firm. The move by the New York State Foreclosure Defense Bar, an association of private and public interest lawyers who represent thousands of homeowners around New York State, comes in response to a report that members and employees of Steven J. Baum, P.C., a law firm based near Buffalo, New York, held a Halloween Party with costumes and props mocking homeowners who are in the midst of foreclosure proceedings. The report, contained in the New York Times, also quoted a former employee of the firm saying that the raucous party reflected the overall “mind-set” within the firm, where part of the office was decorated to resemble a row of foreclosed homes under the banner “Baum Estates.”

In a letter to Jonathan Lippman, the chief judge of the State of New York Court of Appeals, top officers of the New York State Foreclosure Defense Bar requested that any case brought by the Baum law firm be halted until an investigation determines the extent to which personal information of foreclosure defendants was used for the Halloween stunt.

“Unfortunately, the insensitive attitude toward the plight of homeowners and the use of that information to create humorous costumery is consistent with the blatant lack of respect, grand standing, ridicule, sarcasm and unprofessionalism that is exhibited by the Baum law firm and other ‘foreclosure mills’ on a daily basis” in court, the letter says.

The action being sought by the New York State Foreclosure Defense Bar will have a significant impact on the pace of foreclosures in the state, given that the Baum law firm either files or litigates about 40 percent of the foreclosure cases in New York. The Baum law firm’s Halloween party is only the latest example of improper conduct at the firm. Last month, the firm agreed to pay $2 million as part of a settlement stemming from an investigation the federal government conducted into highly questionable foreclosure practices by the firm. Additionally, the Baum law firm was named in a class-action suit brought by borrowers who claim economic injury due to the firm’s delays in filing necessary documents for the mandatory settlement conference—an important step in the foreclosure process that can lead to modification.

Noting that the firm has failed to meet certain disclosure requirements of the agreement with the U.S. Attorney’s Office, the New York State Foreclosure Defense Bar also asked Chief Judge Lippman to halt any cases the firm is handling until those disclosure requirements are met.  A copy of the Lippman letter was also sent to New York State Attorney General Eric Schneiderman, whose office is in the midst of its own investigation into the practices of the firm.

“It is a violation of the canon of ethics for any member of the bar to disrespect, mock or make fun of individuals against whom they litigate,” said the founding members of the New York State Foreclosure Defense Bar.

The letter can be found here: http://www.scribd.com/doc/71452492/Letter-NYSFDB-to-Chief....


ABOUT NEW YORK STATE FORECLOSURE DEFENSE BAR
New York State Foreclosure Defense Bar is a nonprofit association of private and public interest attorneys who are committed to protecting the legal rights and dignity of foreclosure defendants, at a time when the foreclosure rate has reached a crisis level in New York State and around the country. The newly formed bar association endeavors to help homeowners preserve their homes through legal due process measures and provide foreclosure defense lawyers in New York State with the resources needed to provide qualified, effective and ethical defense. For more information about the New York State Foreclosure Defense Bar, please visit www.nysforeclosure.org.

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