Have you been served a foreclosure summons complaint by Woods, Oviatt, Gilman, LLP?
What is the next step? Your bank has now hired this law firm in order to sue you and foreclosure on the property to win the house back at auction. You have 20 days to respond to this complaint if you were served in person, or 30 days otherwise. It is recommended that you have a law firm look over this complaint before making a response.
We at offer free in office consultations regarding this matter. If you have any questions or would like to setup an appointment please contact us or call us directly at 631-337-8683.
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.
Foreclosure Defense Information.
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. Woods, Oviatt, Gilman, LLP