Stopping Foreclosures from Moving Forward in New York
During these turbulent economic times, many families find that they are falling behind on their mortgages. When foreclosure is threatened, it is often thought that there is nothing that can be done to stop the process from moving forward. This is incorrect! We can stop foreclosures. We can tie foreclosures up in court for long periods of time. We are successful in convincing banks to approve loan modifications and withdraw foreclosure proceedings.
At the Law Offices of Schlissel DeCorpo, our New York and Long island foreclosure defense lawyers have been fighting foreclosure proceedings for three decades. We can identify and implement several alternatives for dealing with foreclosure proceedings. It’s critical, though, that you contact our office at the earliest possible stage when you fall behind in your mortgage to plan what type of measures you will take to deal with a potential foreclosure.
Pre-Foreclosure Notification
Before actually starting a foreclosure law suit against you, lenders must send you a warning notice that a foreclosure proceeding is going to be commenced. The foreclosure process is a complicated one. The defenses to foreclosure proceedings are of a technical nature and typically include allegations of predatory lending practices.
Notice of Foreclosure
If you receive a letter indicating your financial institution may be starting a foreclosure lawsuit against you, it is extremely important that you hire competent foreclosure defense lawyers as soon as possible. If you are served with a Summons and Complaint in foreclosure, you have 20 days to respond, if you are served personally.
If you are served by any means other than having the Summons and Complaint being personally placed in your hands, you have 30 days to respond. Calling the attorney who served you with the foreclosure papers is not a valid response. Instead, you must file a Formal Answer, responding to each and every allegation in the complaint. Furthermore, if you have defenses, you must assert them in your answer. The Verified Answer to the Summons and Complaint in foreclosure must then be acknowledged before a Notary Public and served on opposing counsel and the court.
How Long Can I Stay in My Home After Served with Summons and Complaint in Foreclosure?
The foreclosure process can become a long and tedious process for the lender when you retain experienced foreclosure defense attorneys. The legal system does not move very quickly. With the current high volume of foreclosure proceedings being brought in the Metropolitan New York area, a foreclosure case can easily take a year or two from start to finish. The foreclosure process typically moves even slower when you immediately retain an attorney to represent you and defend you from the foreclosure lawsuit.
Countersuing the Bank for Financial Restitution
In addition to the multiple defenses that can be raised in an answer to a foreclosure lawsuit, you can also countersue the bank. Customary claims against the bank include:
By bringing a countersuit against the bank as a part of the foreclosure defense, you will effectively slow down the foreclosure proceeding. In addition, you’ll give yourself a sword to strike back at and create liability for the financial institution.
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Law Offices of Schlissel DeCorpo
479 Merrick Road
Lynbrook, NY 11563
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Email: [email protected]
Nassau County: 516-561-6645
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