Faced with the possible loss of her home, Asyildia Phillips was denied a loan modification because her lender -- Deutsche Bank -- didn't think she was a New York resident.
Although Phillips and her family had lived in their New York house since 1980, Asyildia later purchased a piece of property in Florida, where she stays about 6 months out of the year.
When Deutsche tried to foreclose on the New York property, the Nassau County Supreme Court didn't see the "residency" issue as a valid basis to deprive Phillips of her statutory right to a loan modification. It thought that even though the lady owned a place in Florida, filed tax returns in that state, and was registered to vote there, her use of the New York home was enough of a nexus to make her a "resident" for the purpose of securing loan modification relief.
Ich bin ein New Yorker!
To view a copy of the Supreme Court's decision, please use this link: Deutsche Bank vs. Phillips, Asyildia
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Ms. Phillips' case was successfully handled by Newman Ferrara attorney, Jon B Felice, Esq.
Inquiries about the matter may be directed to Mr. Felice at 212-619-5400