Tuesday, June 07, 2011

NY Queens man returns to home after judge overrules bank's foreclosure

Stroke of luck! Johnny Ferreira had his home returned to him after it was put in foreclosure.


Johnny Ferreira may be the luckiest guy in Queens.

Ninety-nine times out of a hundred, a struggling homeowner who loses his home to foreclosure will never see it again.

Last month, a judge vacated a bank's foreclosure sale of Ferreira's home, effectively handing him back his keys.

As a result, Ferreira is preparing to move back into the same brick two-family with postage stamp front lawn, snug backyard and tidy driveway he'd been evicted from two years ago.

"He loves that house," his lawyer, Penkaj Malik, said. "He doesn't want to move" again.

The extremely unusual ruling appears to be a one-of-a-kind victory in New York for a homeowner in a battle that banks almost always win.

The problems started in 2009 when Ferreira was evicted after his home in East Elmhurst a few blocks from LaGuardia Airport was sold at auction.

He fought back in court.

"I am helpless at this point and beg that the court intervene and assist me in regaining title to my home which I was defrauded out of," he said in an affidavit.

Malik made it clear to Ferreira the odds were against him.

"When he came to me I said his chances of winning were slim to none because judges are loath to do something this drastic," the lawyer said.

Then Queens Supreme Court Justice Allan Weiss suddenly set aside the auction sale and ordered Ferreira "restored to possession."

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