ORDERED, that the Foreclosure Sale is declared void ab initio; These are the words that Edwin Calle and his attorneys Brian McCaffrey Attorney at Law, P.C. have been waiting to hear for more than six (6) months.
On Monday October 21, 2013 Mr. McCaffrey met with his client to explain the ramifications of the long awaited decision. Mr. Calle can now begin the process of trying to save his home by entering into loss mitigation with his servicer Bank of America.
On March 21, 2013 Mr. Calle in a last ditch effort to avoid the sale of his home had engaged the services of a highly advertised bankruptcy attorney in Queens. Unbeknownst to Mr. Calle his "highly advertised bankruptcy attorney" had neglected to properly notify the Court, the foreclosure referee, or even the banks attorneys and as a result his home had been sold at auction.
On March 22, 2013 Mr. Calle's home was sold at auction and he thought he had lost his home forever. After telling his story to another attorney Mr. Calle was told to contact Brian McCaffrey, Esq. and on May 10, 2013 he hired Mr. McCaffrey's firm to help him in his fight to keep his home and take over his bankruptcy case.
Mr. McCaffrey quickly took over the bankruptcy case and began to re-mediate many of the mistakes that had been made and made a Motion to Void the Foreclosure Sale. This motion would, if successful, have the effect of turning back the hands of time to pre-foreclosure sale.
After a long heated battle with a number of hearings and courtroom arguments, where the outcome was unsure and Mr. Calle's home hung in the balance, on Friday October 18, 2013 United States Bankruptcy Judge the Honorable Elizabeth S. Stong issued her decision and order declaring the foreclosure sale void ab initio, which in layman's terms means, void from the outset.
In a discussion with Mr. McCaffrey he stated that "in this case the bank proceeded to foreclose on Mr. Calle's home without ever even entering into the mandatory settlement conferences intended to help him keep his home by filing a mere affidavit telling the Court, albeit incorrectly, that Mr. Calle's home didn't meet the criteria for inclusion in the mandatory settlement conferences." and "
When asked about how Mr. Calle almost lost his home even after hiring an attorney, Mr. McCaffrey said "a homeowner should think long and hard about who is going to assist them in the fight to keep their family home."
Mr. McCaffrey said that he is "very optimistic about Mr. Calle's chances of keeping his home because loss mitigation in the bankruptcy Court is a fantastic opportunity to restructure a mortgage and it creates a win-win situation for both the lender and the borrower."
You can read the Order by Judge Elizabeth S. Stong here: US Bank and Bank of America Foreclosure Sale Overturned by Bankruptcy Court