Foreclosure Defense Options

You are behind on your mortgage and are either in foreclosure or your bank is about to file. You may have tried to modify your loan with your lender and they have been less than cooperative. They want to throw you out of your home as soon as possible. You don't know where to turn or what to do.

Simply doing nothing is not an option.

During the real estate bubble financing frenzy of the past decade, mortgages were sold and resold, bundled into securities and peddled to investors. The fact is that over the past several years the Banks became very sloppy with their paperwork. In many cases, the original note signed by the homeowner was lost, stored away in a distant warehouse or destroyed.

In New York, the Courts are very strict about the foreclosure process. The Courts are making the Banks follow the foreclosure process to the letter of the law. We are experts at finding the mistakes the Banks made when they closed your loan and with all the unlawful procedures they may have committed thereafter.

Why let them get away with their mistakes? If you do nothing you will lose your home for sure. If you defend yourself against the foreclosure you place the burden on the Bank to prove they did everything according to the law.

There are two things that really work to the homeowner's benefit these days. First, is that your lender's paperwork is probably really sloppy and deficient as a matter of law. Second, the Courts are backed up with foreclosure actions and are having a hard time keeping pace with the number of cases being filed.

The first houses to get moved through the Courts and foreclosed on are the ones where the homeowner doesn't " Answer" the Foreclosure Complaint. If you don't Answer the Bank will win by Default. The Bank wins just because you didn't show up, like a little league game that is forfeited because the other team didn't take the field.

Even worse, once the bank forecloses they can get a judgment against you if, at the foreclosure sale, the house sells for less at than is owed. This is called a deficiency judgment.

Once you appear in the foreclosure by Answering the Foreclosure Complaint you have put the Bank on notice that they are going to have to prove every element of their case. You have heard about the foreclosure scandals like ROBO-SIGNING, LOST NOTES, FRAUDULENT AFFIDAVITS, RESPA VIOLATIONS and others. The fact is that one you start fighting the bank, it may take YEARS for the Bank to foreclose. The entire time the bank will be paying your real estate taxes and your home insurance while you get to live in your house essentially for free.

Foreclosure Defense Options by Suffolk County Loan Modification Attorneys

Don't let yourself become another victim of the Bank's ruthless tactics. Take action. Call us for a free consultation with a New York foreclosure defense attorney.