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The Brian Lehrer Show

The ‘Systematic Fraud’ Behind New York’s Foreclosure Process

The Brian Lehrer Show

WNYC

Arts, Lerer, Radio, York, Wnyc, News, Media, New, Npr, Nyc, Bryan, News Commentary, Politics, Daily News, Public

4.71.4K Ratings

🗓️ 5 December 2025

⏱️ 22 minutes

🧾️ Download transcript

Summary

David Brand, housing reporter for WNYC and Gothamist, and Chris Bragg, Albany bureau chief at New York Focus, talk about their investigation into New York foreclosure cases.

Transcript

Click on a timestamp to play from that location

0:00.0

It's the Buy and Laird Show. I'm David First in for Brian today. Thanks for being with us. Good morning.

0:15.7

Right now we're going to dive into the results of an investigation from the WNYC and Gothamist Newsroom with consequential

0:23.3

results for New Yorkers who have lost their homes due to foreclosure. WNYC and Gothamist

0:29.6

housing reporter David Brand and NYFocus Albany, Bureau Chief Chris Bragg, investigated claims

0:36.5

of systemic fraud and theft in New York's foreclosure

0:40.1

auctions committed by big banks and 14 law firms representing them in court.

0:46.1

In the process, they found that these firms used a disputed method to tabulate interest on

0:51.0

properties that may be in violation of state law. This calculation process benefited

0:57.0

mortgage investors but deprived New Yorkers of millions of dollars in additional money at foreclosure

1:03.2

auctions. While investigating how these calculations went unscrutinized, they uncovered a system

1:09.4

of patronage within New York's judicial system,

1:12.4

especially regarding appointments of court referees tasked with overseeing foreclosure auctions.

1:19.0

These discoveries led New York State Senator Zellner-Miry to introduce new legislation,

1:23.8

imposing consistent standards on foreclosure auction sales. David Brand and Chris Bragg join us now

1:31.0

with more on their reporting. David and Chris, thanks for being here. Thanks for having us.

1:36.2

Yeah, thanks for having us. David, this investigation gets deep in the weeds of foreclosure law.

1:43.0

So I'm looking for a helping hand here. To help us understand,

1:47.3

can you start with the woman whose case prompted this investigation? Introduce us to Barbara Small

1:53.0

and tell us how she lost her home in Flatbush. Sure. So Barbara Small is a retired Postal Service

1:58.9

worker about 20 years ago. She and her father bought a three-family

2:04.0

home in Flatbush. It was an investment. He was living out his retirement there. They had a

2:11.1

tenant who was renting two units in the building. Her father then got sick. He had Alzheimer's. The tenant stopped paying. She

...

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