Closer to home, in New York State Supreme Court no foreclosure hearing is routine in Judge Arthur Schack's courtroom in Brooklyn. That's where dozens of bank attorneys are learning that every detail must be right or else.
Judge Schack -- the scourge of numerous banks and poorly prepared attorneys -- has thrown out dozens of foreclosure applications for just the same reasons cited in Florida.
Judge Schack examines every filing in detail. That's because "every case is unique," said the 64-year-old judge, a former high-school social-studies teacher.
Why the large number of foreclosure dismissals for a procedure that is often routinely granted?
"I read papers. I ask questions. I look at things and this is what I come up with. That's why some foreclosures are denied," according to Judge Schack.
He raises questions about the assignment of ownership. He raises questions about attorneys' knowledge of the facts. He raises questions about potential attorney conflicts of interest.
All these irregularities raise Judge Schack's ire when asked why so many foreclosure applications get tossed.
"I'm not the creator of this mess," he complained.
The mess, he said, is in the recording and assignment of mortgage sales. Often people with physical control of a mortgage agreement come to his courtroom, he noted, but don't have clear title to the property.
"It's not my fault. I'm not the bank. Ask Chase Manhattan. Ask Deutsche Bank. Ask Bank of New York. Ask Wells Fargo. I don't know why they do crappy work," said the judge.
Asked about Judge Schack, a JPMorgan Chase spokesman said "We're not going to comment on that."
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