New York Long Island Foreclosure Defense Attorney
A foreclosure defense allows homeowners to assert their rights and oppose a foreclosure proceeding by engaging in litigation defense strategies. One method of addressing a foreclosure proceeding is to defend the foreclosure litigation. Our law firm can assist a client right from the start by answering the initial summons and complaint. Considering that 20-30 days from the date of service an answer and/or motion to dismiss is due, it is imperative to file a timely response. Such answer is one out of several documents that are usually filed as part of a foreclosure defense. Other documents include a motion to dismiss, if applicable, and a response to a motion for summary judgment. If the client retains our firm in the early stages of the foreclosure, the Plaintiff’s Summons and Complaint can be answered and other documents responded to, resulting in a contested proceeding that will protect the client’s rights, allow the client to receive all notices and documents, and enlarge the time necessary for the mortgage holder to proceed with its foreclosure case.
Even if a client is past the 20-30 days available to answer after receipt of service of the Summons and Complaint, our law firm can move to enlarge such time under appropriate circumstances. As the foreclosure litigation progresses the Plaintiff’s other papers, including the Motion for Summary Judgment, can be opposed. Moreover, even when the foreclosure proceeding is nearing an end, there are still available options such as preparing an Order to Show Cause in an attempt to stay the foreclosure sale and/or the transfer of the deed. If a client is considering defending the foreclosure litigation, a client needs representation from a law firm that is dedicated to this area of practice. Effective strategies are contesting service of process where our client was not properly served with the summons and complaint and asking for discovery in terms of disclosure documents from the closing where there are questions as to proper disclosure. Also in many cases demanding that the Plaintiff produce original loan documents which they may lack and which some courts have viewed as necessary to pursue the action.
If a client desires to defend the foreclosure action and they have been in foreclosure for over one year and/or have a foreclosure sale date, they may need to proceed by emergency Order to Show Cause in order to assert their rights and have a possibility to stay the foreclosure action and/or foreclosure sale.
A client needs to exercise your right to assert any defenses regarding either the foreclosure proceeding or any other issues that involve the mortgage. Defending the foreclosure action allows the client the opportunity to assert any defenses, either technical or substantive, involving the foreclosure proceeding, the mortgage holder’s conduct and/or any issues that involve the mortgage itself. Legal defenses can delay the foreclosure proceeding and allow more time to explore alternative solutions, and potentially threaten the dismissal of the foreclosure action. Many times, our firm can identify possible issues that would create a strong defense and threaten the dismissal of the foreclosure action. The best chance a client has for success is to retain the services of our law firm immediately upon initiation of a foreclosure proceeding. Even if the client thinks it is too late, it may not be. Our firm may, if needed, make a motion to extend the time to file an answer in certain situations where the time has expired.
Orders to Show Cause are emergency motions and can be pursued in both state court (the Supreme Court of New York ) and federal court (the United States Bankruptcy Court). In state court the Order to Show Cause usually attempts to stop a foreclosure sale on an emergency basis by arguing that based on technical and/or substantive grounds the homeowner should be given more time and opportunity to pursue a definite and tangible option that has a good chance of resolving the foreclosure situation. Such options are sales and refinancing that are almost completed and usually technical reasons also need to be present to show that there were improprieties in the foreclosure action with such items such as process of service. In bankruptcy court an order to show cause usually attempts to give a debtor an additional opportunity to stop a sale by reinstating a formerly dismissed case or by asking based on “changed circumstances” for permission to file an additional bankruptcy case where the debtor due to previous, excess bankruptcy filings cannot obtain an automatic stay upon a new bankruptcy filing.
Other Foreclosure Resources
New York foreclosure backlog: ‘A totally different world’
New York State Foreclosure Calendar
The Office of the Comptroller of the Currency (OCC) is calling for independent reviews of almost 4.5 million loans. Have you been selected by the OCC to review your foreclosure?
Were you served a foreclosure summons complaint by one of the following law firms?
Steven J. Baum
McCabe, Weisberg, Conway
Rosicki & Rosicki
Frankel, Lambert, Weiss, Weisman & Gordon
Druckman Law Group
Fein, Such, Kahn & Shephard
Fein, Such, Crane
Cohn & Roth
Stagg, Terenzi, Confusione & Wabnik, LLP
Berkman, Henoch, Peterson, Peddy, Fenchel, P.C.
Sheldon May & Associates
Cullen and Dykman LLP
Zavatsky, Mendelsohn & Levy, LLP
Kriss & Feuerstein LLP
Stein Wiener & Roth, LLP
Deutsche & Schneider
Einig & Bush
Doonan & Graves
Jordan S. Katz
Stein & Associates
Certilman & Balin