New York collection attorneys Peter T. Roach & Associates P.C., a “Creditor’s Rights” firm in Syosset, N.Y., announced a victory for their client, mortgage lender HSBC Bank USA.
Peter T. Roach & Associate was able to convince pro-debtor judge, Hon. Jeffrey Spinner, to grant its motion allowing HSBC Bank USA leave to proceed with eviction proceedings, despite debtors’ contention that they were “too sick to move.”
In April of 2007, HSBC Bank USA represented by Peter T. Roach & Associates, P.C., obtained a Judgment of Foreclosure. Following a series of four bankruptcy filings by the couple and an order to show cause brought by Deborah Blum, a foreclosure sale was held and the property was conveyed to the plaintiff. When the defendants refused to vacate, eviction proceedings were commenced, and the court ordered the Blums to vacate the premises.
The defendants sought to stay the eviction proceedings on the grounds that they were “too sick to move.” In response, Peter T. Roach & Associates, P.C., asserted that the defendants had been living in the home “rent free” for over four years, and that the lender had been bearing the costs of insurance and taxes to protect its interest in the home. Judge Spinner agreed with Peter T. Roach & Associates, P.C. and allowed HSBC Bank USA to proceed with the eviction.
HSBC Bank USA v. Blum, is a significant victory for creditors in New York. Recently, society has become so sympathetic to debtors that judges often treat them favorably and afford them every opportunity to keep their homes, even if it unfairly disadvantages the creditor. In the past, Judge Spinner has vacated mortgages, allowing the debtors to keep their homes mortgage-free and has even sanctioned creditors. In this case, No. 2006-25122 in Suffolk County Supreme Court, Peter T. Roach & Associates, P.C. was able to establish that the Blums were abusing the legal system and preventing HSBC Bank USA from exercising its legal rights, and, for once, Judge Spinner ruled in the creditor’s favor.
