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"NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY, PROPERTY WITHOUT DUE PROCESS OF LAW." 

New York State Constitution  

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email info@nysfdb.org

New York State Foreclosure Defense Bar (NYSFDB) is committed to advancing and protecting the due process rights of property owners facing foreclosure. Our members are dedicated to ensuring that homeowners' dignity and equity are preserved. The letter and intent of the Homeownership Equity Theft Prevention Act and the Foreclosure Prevention and Responsible Lending Act must be upheld and advanced across New York State, by all parties, by their attorneys, and by the courts of New York State.  

EQUAL AND FAIR TREATMENT—BAROMETERS OF JUSTICE

Letter from the President

     NYS Constitution - Art.1, Section 11. Equal Protection of laws; discrimination in civil rights prohibited.  "No person shall be denied the equal protection of the laws of this state or any subdivision thereof.  No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state (Adopted by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; amended by vote of the people November 6, 2001.)

     The New York State Constitution, adopted centuries ago, protects property rights of New York State residents as a fundamental due process right.  The protection ensures that no New York resident will have his or her property taken in a foreclosure action or otherwise without due process of law (whether the New York resident is Native American, or a descendent of those who settled on New York soil centuries ago, or those who were brought here against their will and bore American descendants, or descendants of those who migrated in the past centuries or continue to arrive today).

     Homeownership has been an integral part of an American family’s pursuit of life, liberty and happiness.  Homes are where infants are brought home at birth, where first steps are made, where birthdays, high school and college graduations are celebrated, and where those who first laid down the family stake at purchase are remembered, honored and preserved.  Retention of homeownership has to be afforded to all who qualify for a loan modification or other workout. 

     Let’s call on the United States Department of Housing and Urban Development (HUD), and the Federal National Mortgage Association (Fannie Mae) to stop the sale of working-family home loans to hedge funds and cash rich investors; to stop the destabilization of neighborhoods and the transfer of community and family investment to the wealthiest one-percent.  Let's continue with our collaboration to promote homeownership whenever possible, and to rebuild the trust of working families in the legal system!

"NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY, PROPERTY WITHOUT DUE PROCESS OF LAW." 

New York State Constitution  

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