PUBLIC TESTIMONY
Testimony by Roger Rowe on Foreclosure and Deed Issues
2:27:07
·
4 min
Roger Rowe shares his personal experience with foreclosure and highlights legal issues surrounding referee's deeds and property transfers. He argues that current practices in certifying and recording deeds are problematic and potentially illegal.
- Rowe successfully reversed a foreclosure action against him through the appellate court
- He claims that referee's deeds are often improperly certified and should be considered mortgages under Real Property Law 320
- Rowe suggests that ACRIS (Automated City Register Information System) should clearly mark that recorded documents are not certified deeds
- He argues that attorneys may be misrepresenting the legal status of these deeds, leading to illegal evictions
Roger Rowe
2:27:07
Thank you.
2:27:08
Thank you for hearing me.
2:27:09
My name is Roger Rowe.
2:27:12
I'm a bring a slightly different approach to what I heard.
2:27:16
And actually, while I was here, the lady from the housing department, I hope I wish she was still here to hear what I have to say.
2:27:23
The I was about 6 years back, maybe even more.
2:27:30
I had a foreclosure action brought against me.
2:27:33
Fortunately, I read the law.
2:27:35
I stayed up at night, and I was able to get to the appellate court and get my house back.
2:27:41
The appellate court issued an order reversing the foreclosure and sale.
2:27:45
The trial judge, judge, Thomas Whelan, looked at me and said, what are you doing here?
2:27:53
I says, appellate court said you gotta reverse this.
2:27:56
He says, I'm not doing it.
2:27:57
So now I'm back at the appellate court seeking my damages from him and everybody else.
2:28:04
One of the things that I've learned through the journey, and it's what can I do, my experience, to actually give you all the ammunition you need to get this moratorium because it can be stopped today?
2:28:19
The problem is everybody's talking about this referee's deed, and it's never that referee's deed can never be certified by law.
2:28:31
Real Property Law 320 states it clear that certain deeds must be considered a mortgage.
2:28:40
So what they're doing is and I know I might run out of time because it's really a complex issue.
2:28:46
The certification an attorney can certify a document, but what he's actually doing and if you read it, it says he's certifying what he viewed.
2:28:57
This case law that ACRIS, an ACRIS document, is not a certified d.
2:29:02
All it represents is the recording.
2:29:05
So the lady that was mentioning about the recording, she's a 100% right.
2:29:10
Now the silver bullet in what we can do, what ACRIS can do is stamp a big thing saying this is not a certified deed.
2:29:19
The process that the law states, CPLR 4540 says it has to be attested to.
2:29:28
So you have a referee's deed, which is an equitable mortgage, does not convey title by state law.
2:29:35
It's done.
2:29:37
That deed can only be looked at as a mortgage.
2:29:41
You can't convert it to a deed.
2:29:43
What these guys are doing is they're just pushing it through, acting as if the attorney certification.
2:29:50
Now, also, I believe it's another section.
2:29:52
Well, I know it's another section.
2:29:54
I'm just don't remember it particularly.
2:29:57
The attorneys are punished for that because the attorneys are officials, and they're lying to the court.
2:30:04
Now I have cases that I'm right now dealing with, and I explained this to these judges.
2:30:11
And they look at me.
2:30:14
Judge Neipel.
2:30:15
Judge Neipel says, I understand your argument, but you gotta appeal this.
2:30:20
Why would I appeal something where you already understand the argument?
2:30:24
People are getting put out their homes today.
2:30:27
Mhmm.
2:30:28
Today, on certified on referees' deeds that are purely illegal.
2:30:35
And I could furnish the case law.
2:30:36
I already sent an email to the chief justices outlining and detailing the thing.
2:30:44
I also sent one to one of the senators, aids, and I'm hoping that he processes it up.
2:30:50
I could I could give you all this information.
Crystal Hudson
2:30:52
You can
Roger Rowe
2:30:52
Like I said, my foreclosure was reversed.
2:30:55
And as the lady said, as soon as I got that order from the from the appellate court, I had it certified, and I ran down to the clerk's office, and now it's in there.
2:31:05
So anybody that sees that order from the appellate court knows that I am the rightful and the only owner of the property.
Crystal Hudson
2:31:13
You can submit, any documentation to and we can give it to you in writing, but testimony at council.nyc.gov
Kevin Wolfe
2:31:22
Okay.
Crystal Hudson
2:31:22
To add to your testimony today.
Roger Rowe
2:31:24
Yes.
