Asserting foreclosure defenses gives homeowners the ability to protect their rights and provide knowledgeable legal opposition to a foreclosure lawsuit brought by a bank. Defending a foreclosure proceeding involves asserting your rights and making sure they are protected. Our law firm has more than 45 years of experience submitting answers with numerous affirmative defenses and counterclaims to the summons and complaints filed by banks against our clients. It is imperative once you are served with a summons and complaint in a foreclosure proceeding that you submit a written answer with all of your affirmative defenses and counterclaims to the court and opposing counsel.
In cases where clients come to our law firm after their time to submit a written answer has expired, we can bring applications to the court to extend the time for our clients to submit a written answer to the summons and complaint and vacate their default. During the course of a foreclosure proceeding the attorneys for the financial institution sometimes bring motions for summary judgment (to obtain a judgment of foreclosure to sell the home without the case going to trial). We aggressively oppose these motions and take legal action to enjoin, or tie up, the foreclosure proceeding. In addition, we make discovery demands and requests to the attorneys for the financial institution to produce documentation concerning assignments of the note and mortgage, execution of the financial documents, and in addition we ask that they produce copies of original documents related to the mortgage transaction.
Should there be a sale date with regard to the foreclosure proceeding, we can bring orders to show cause to stop the foreclosure in New York State courts or we can file a Chapter 7 or a Chapter 13 bankruptcy in Federal Court and obtain a stay (a temporary injunction) of the foreclosure proceeding from the Federal Bankruptcy Courts.
When establishing defenses to a foreclosure lawsuit we provide the client with an opportunity to present violations of Truth in Lending Laws, New York Consumer Protection Laws, New York State Banking Laws and other statutes and regulations. In addition, fighting the foreclosure lawsuit gives the client additional time and leverage to bring an application to the financial institution for a mortgage modification. The granting of the mortgage modification by a financial institution can pull the case completely out of a foreclosure proceeding.
The answer to this question is no. Ignoring communications from your financial institution concerning your mortgage will not make your problems go away. The best manner to deal with issues presented by your financial institution is to hire a foreclosure defense law firm to speak up for you, defend your rights, and/or to help you obtain a mortgage modification.
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