Recently, I was in Morning Chambers waiting (patiently) for
my turn to argue. Before my case was called, a number of
foreclosure matters were heard. I'd like to credit counsel, the
mortgagees, and the Court for the typical and widespread practice
of permitting owners to remain in their homes over the holiday
season, which occured that day. All this is ordinary.
In two of the foreclosure cases, something unusual
occcured. Two separate homes at risk of foreclosure were
transferred to the same third party corporation. The corporation
promised to pay the arrears on the mortgage and keep it current,
and permit the former homeowner to stay in residence in exchange
for rent. As the Master quite rightly said, there's nothing
wrong with this. But in both these cases, the corporation failed to
do anything to stop the foreclosure of the property, all the while
collecting or attempting to collect rent. The former homeowners
turned renters then lost their homes, lost the ability
