Some homeowners when facing foreclosure bury their heads in the sand. They find the issue of losing their home so depressing they simply wish to remove it from their minds and therefore they just ignore it. Eventually the homeowners will receive other documents from lawyers soliciting them to represent them in foreclosure or they will receive documents from the bank’s attorneys with regard to their moving ahead with the foreclosure process. The homeowner will receive a motion for summary judgment, and eventually they will receive notice their home is going to be sold. If this happens the homeowners should immediately contact an experienced foreclosure lawyer. However, if the homeowners don’t initially do this and somewhere in the process they wake up, it is generally not too late to stop the home from being sold in foreclosure.
Foreclosure attorneys can assist homeowners in raising defenses in the foreclosure lawsuit. These defenses involve the underwriting process involving the foreclosure, the standing of the financial institution to bring the lawsuit, issues involving predatory lending, violation of Truth in Lending Laws, the conduct of the financial institution who initiated the foreclosure and issues involving the mortgage itself. When these defenses are submitted they can potentially cause a foreclosure lawsuit to be eventually dismissed. They also delay the foreclosure lawsuit from moving forward and give the homeowner the leverage to negotiate a mortgage modification.
Homeowners Staying in their Homes
When represented by an experienced foreclosure defense law firm the foreclosure litigation can end up being a long process. The specialized knowledge of a foreclosure defense lawyer can greatly increase the potential the homeowners will be able to continue to live in their homes.
Elliot S. Schlissel is a foreclosure defense lawyer representing homeowners throughout the Metropolitan New York area for more than 3 decades. He offers free consultations and can be reached at Elliot@sdnylaw.com or 800-344-6431. The law firm maintains offices in Nassau, Suffolk and Queens Counties.