 Foreclosure Defense
Have You Stopped Making Mortgage Payments And Are Now Facing
Foreclosure?
Whether you
have stopped making your mortgage payments years or
months ago, you still have numerous options to keep your
home! Below we provide a glimpse into the foreclosure
process and how an experienced attorney can defend you
against it.
Step 1:
You stop making
mortgage payments.
Step 2:
You receive a letter
from the bank or servicer of your loan giving you ninety
(90) days notice before a lawsuit is filed
against you.
Defense: Failure to receive
such a letter from the bank is a violation of law and could be
a major defense against
foreclosure.
Step 3:
The lawsuit is
started when you are served with a summons and complaint.
Step 4:
You must answer the
complaint and use all possible defenses and counterclaims
available against the lender. You have twenty (20) days to answer if
you were personally served with the complaint or thirty (30) days to
answer if you received it by mail.
Defense: Improper service
is another major defense against foreclosure that could result in
a dismissal of the lawsuit.
Step 5:
The lender, via its
attorneys, files a request for Judicial Intervention, i.e.,
a judge gets assigned to your case. NY Laws mandate that
homeowners are first given a chance to negotiate
loan
modification with the lender at mandatory court settlement
conference.
Defense: All parties must
negotiate in good faith and where the lender refuses to do
so is another possible defense against foreclosure.
Step 6: If the case is not settled
in the mandatory court settlement conference part, the case is
sent back to the assigned judge to continue on the foreclosure
track.
Defense:
This is the most crucial part -- LITIGATION. Whether you have put
in an answer to the complaint with all the possible defenses and
counterclaims or not will matter the most at this stage. All
you need is at least one proper defense to emphasize the
plaintiff's defects of the lawsuit in order to avoid
foreclosure.
Why Do You Need An
Experienced Attorney To Help You Fight
Foreclosure?
Borrowers today have many more possible defenses available
to them to
fight against foreclosure. Depending on your unique
circumstances and your intentions for your home, there are
multiple options available to save your home. You need an
experienced attorney and staff to thoroughly analyze each and
every piece of paper filed by the bank in order to stop
foreclosure at its root.
As briefly
illustrated above, in various circumstances,
foreclosure lawsuits could potentially present numerous defects that are
invisible to an inexperienced eye but scream loud and clear to a
professional legal staff at
Law Office of Svetlana Kaplun, P.C. As a
matter of fact, objections to a foreclosure proceeding on such
grounds opens up a pathway for the banks to eagerly engage in
settlements negotiations and to proceed with dismissal of their action
altogether.
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! |
