 Foreclosure
Litigation
When Would Your Case Require Litigation?
Foreclosure Litigation begins as early as putting
in an answer to the complaint. Due to recent changes in the law,
foreclosure action is stayed (put on hold) while the court
mandatory settlement conferences are in session. If the case is not settled in the
settlement conference part, the case is sent
back to the assigned judge to continue on the
foreclosure track. Litigation then becomes the final and most important stage of
the foreclosure process. Proper defense strategy by
a knowledgeable and experienced legal counsel is the key to
avoiding foreclosure.
Can You Handle Litigation
Without An
Attorney?
Litigation part is the most rigorous part
of the entire foreclosure proceeding. The defenses you use can
determine how long you can stay in your home and whether you
will be able to save your home altogether.
If you filed an answer to the complaint,
then the bank's next move will be to file a Motion for Summary
Judgment and Order to Appoint a Referee to Compute. You
will be put on notice when the plaintiff brings forth this
motion because you put an answer to the complaint. It is crucial
to oppose plaintiff's motion for summary judgment. If the judge
grants such motion in plaintiff's favor, that means there are no
material issues of fact that would need to be resolved through
trial.
If you did not file an answer, then you are
deemed in default and you will not be notified of the
plaintiff's motions to the court unless you were served with the
summons and complaint more than one (1) year prior. The plaintiff will
not need the hassle of filing a motion for summary judgment and
will simply move for an Order of Reference. By granting this
motion, the judge assigns a referee who will be computing the
amounts due to the lender.
The plaintiff cannot move to the next step,
which is the filing of Judgment of Foreclosure and Sale before
an Order of Reference is granted by the judge. Once the Judgment
of Foreclosure and Sale is granted, the plaintiff prepares to
conduct the foreclosure sale at an auction, where the property
goes to the highest bidder.
What makes the litigation part so rigorous
is that it consists of numerous motions by the plaintiff that
you will need to oppose in order to preserve your home. Even if
you can lay your thoughts out on paper, the court will schedule
you for oral arguments, where you will be battling it out with
the plaintiff's attorney. Pro se (unrepresented) defendants will
often fail to make cohesive arguments in court, as it can be a
quite intimidating and stressful experience to those who do not
know the legal jargon and who have not argued in court before.
Likewise, pro se defendants might not be aware of all the
possible defects of the case and therefore might not utilize the
strongest defenses both in their oppositions to the plaintiff's
motions and during oral arguments.
That is why
the professional staff at the
Law
Office of Svetlana Kaplun, P.C. will gather all the necessary
information in order to defend you against
foreclosure. We will
be there for you every step of the way to file all the necessary
court paper work, oppose all of the plaintiff's motions, appear
for all oral arguments, take every possible action to vehemently fight
to save your home!
Call our firm today
at 718-444-1115 and our
experienced staff will provide the utmost attention to your case to deliver the best outcome for you! |
