New York to Provide Attorneys to Homeowners in Foreclosure Cases

From NY Times New York court officials outlined procedures Tuesday aimed at assuring that all homeowners facing foreclosure were represented by a lawyer, a significant shift that could give thousands of families a chance to strike a better deal with lenders.

Criminal defendants are guaranteed a lawyer, but New York will be the first state to try to extend that pledge to foreclosures, which are civil matters. There are about 80,000 active foreclosure cases in New York courts.

Under the procedures, which will be put in place in Queens and Orange Counties in the next few weeks and then across the entire state, any homeowner in foreclosure who does not have a lawyer will be supplied one by legal aid groups or other volunteer groups.

New York has been successful in getting foreclosure defendants to show up at settlement meetings overseen by a judge and attended by the lender, but most are unassisted and have little idea how to proceed. The cases are overwhelming the courts.

The state’s chief judge, Jonathan Lippman, said the current system was “such an uneven playing field.”

“Banks wind up with the property and the homeowner winds up over the cliff, on the street,” Judge Lippman said. “It doesn’t serve anyone’s interest, including the bank’s.”

Legal aid groups will find the task of representing foreclosure defendants easier if the state legislature agrees to Judge Lippman’s request for a $100 million increase in legal services programs spread over the next four years. Current funding for legal services in the state is about $200 million a year drawn from a variety of public and private sources.

New York, which is one of the 23 states where foreclosures must be overseen by a judge, has been more aggressive than most in trying to reshape the housing cases flooding its courts. Lawyers in New York are now personally liable for the accuracy of the documents they represent in foreclosure cases, a requirement that some find onerous.

Legal aid organizations in the 23 states say that they do not have enough money or lawyers to help everyone who wants to be helped. New Mexico has started classes to help train people to represent themselves in court. Legal aid groups in other states are forced to choose among families, helping some but not others.

The Legal Aid Society, which assists families and individuals in New York City, will be working with the courts to supply the necessary lawyers in Queens, a foreclosure hotbed.

“There’s a huge demand,” said Steven Banks, the society’s attorney in chief. “The new model is focused on redeploying resources to attempt to take more of an early intervention in the case rather than at the 11th hour when the sheriff is on the way.”

Judge Lippman said he hoped that the lawyers would reach out to defendants before they even appeared in court.

Citing the 1963 ruling by the United States Supreme Court that state courts are required by the Constitution to provide counsel in criminal cases to defendants who cannot afford their own, Mr. Lippman said in an interview this was the right moment to extend that provision.

“Today it is an equally obvious truth that people in civil cases dealing with the necessities of life can’t get a fair day in court without a lawyer,” he said.