If you have been notified your lender is going to proceed with foreclosure on your home, you need to contact an attorney who understands the various foreclosure defense options you have in New York. Just because your lender notifies you of a foreclosure does not mean you have no rights; you do have rights and an attorney can help protect those rights.
New York Foreclosure Defense: Processes and Rules
New York foreclosures are considered “judicial” foreclosures which means the lender must go to court in order to continue with the process. There are certain notifications which must be provided to homeowners in strict time periods or the lender may be required to begin the process again. Once you have a complaint and summons in hand, there are still several strategies your foreclosure defense attorney can use including:
- Standing to bring suit – a foreclosure defense attorney can request the lender prove they own your mortgage by asking them to show the original loan documents.
- Failure to adhere to process – whether a lender failed to provide certain notices, failed to notify a homeowner in a timely manner or any other procedural issues with the foreclosure summons and complain a foreclosure defense attorney can force them to start the process again.
- Question legality of loan – if there were any issues with the loan including interest rates, borrower qualifications, failure of the lender to clearly define certain terms, etc. it may be possible to have the loan declared illegal.
Metro New York Area Foreclosure Defense Attorney
The sooner you reach out to an attorney the more likely they are to be able to assist you. In some cases, we can stop the process by simply questioning the lender’s paperwork. Should they be unable to produce the original mortgage note, they may be unable to proceed with the foreclosure. Keep in mind, if you have already received a Complaint and Summons from the lender, you have only 20 days to respond.
Whether your lender has indicated they are moving forward with a foreclosure or you have received a Complaint and Summons, contact Donald J. LaGrega Attorney at Law at 516-541-1100. We will review all relevant facts of your case and begin the process of fighting back against your lender. Our goal is to protect your legal rights and to help hold the lender accountable for any errors or omissions on their part. We help homeowners in the metro New York area who are facing foreclosure.