NY lawmaker to tackle foreclosure ‘injustice’ after Gothamist-NY Focus investigation

David Brand and Chris Bragg

Originally published in Gothamist on .
Senator Myrie speaking at an event_Getty Images


New York state Sen. Zellnor Myrie has introduced new legislation to impose consistent standards on foreclosure auction sales following a Gothamist and New York Focus investigation into widespread irregularities that can cost former homeowners thousands of dollars while boosting lenders’ profits.

The investigation, which was based on interviews and an independent review of thousands of state court records, found some lenders, their attorneys and court-appointed referees routinely used a disputed calculation method to increase debts owed by former homeowners following foreclosure sales. The method, which charges interest on top of interest, contradicts state court system guidance. Former homeowners allege in federal lawsuits that the practice also violates a state law prohibiting compound interest on residential loans and has gone unchecked by judges, referees and state court officials.

“At minimum, we need uniformity and transparency in this foreclosure auction process,” said Myrie, a Democrat representing parts of Central Brooklyn.

Myrie’s bill would require referees — attorneys tasked with overseeing the foreclosure sale process — to detail interest calculations in a single, uniform document used in every courthouse across the state. Currently, lenders’ law firms often use their own templates and referees sign off on their calculations without making changes.