New York Foreclosure Defense Attorney
Foreclosure Defense Lawyer Serving Long Island & Queens, NY
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.
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:
- Violation of “truth in lending” laws
- Predatory lending practices
- Fraud and/or misrepresentation
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.
Bankruptcy as a Tool for Stopping a Foreclosure Action
When you file for protection in bankruptcy, your creditors are immediately prohibited from calling, writing or taking legal action to collect a debt. During the period of the bankruptcy, you can stay in your home. We have extensive experience guiding clients through Chapter 13 and Chapter 7 bankruptcy filings.
Contact an Experienced Foreclosures Attorney in Queens, NY
Our office has litigated more than a thousand foreclosure cases before the courts in the metropolitan New York area, alleging defenses and countersuing financial institutions for inappropriate practices. Contact us if you have any questions regarding the bank’s behavior in handling your mortgage modification. We offer a free consultation to discuss your case. Feel free to call toll free any time, day or night, at 1-800-344-6431, or in Queens, Kings, Richmond and the Bronx at 718-350-2802. You can also reach us in Nassau County at 516-561-6645 and in Suffolk County at 631-319-8262. We welcome your inquires.
The Law Offices of Schlissel DeCorpo have offices in Lynbrook, Queens, and Suffolk County, and we represent individuals facing foreclosures throughout the New York metropolitan area, including Long Island, Nassau County, Suffolk County, Westchester County; and NYC’s five boroughs of The Bronx, Brooklyn, Manhattan, Queens, and Staten Island.