The courts are not merely automatons mindlessly processing paper motions in mortgage foreclosure actions most of which proceed on default.

from http://www.nycourts.gov/reporter/3dseries/2008/2008_28166.htm

M & T MORTGAGE CORP., Plaintiff,  v. JAHN K. FOY, JACOB INDURSKI, M.A. ABROMOVITCH, MARK INDURSKI, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY TRANSIT ADJUDICATION BUREAU and JOHN DOE, Defendants., 4439/2005.. upreme Court of the State of New York, Kings County.
Decided May 1, 2008.

Equity abhors discrimination.

Equity will not enforce discriminatory practices.

This Court holds, for reasons set forth below, that a mortgage granted to a minority buyer for the purchase of property in a minority area which carries an interest rate that exceeds nine percent creates a rebuttable presumption of discriminatory practice.

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