There are countless reasons why a homeowner might fall behind on mortgage payments. An unexpected injury or sudden loss of employment can put a homeowner in a financially precarious situation. If you are facing foreclosure, it is critical that you contact a real estate lawyer to represent your interests. A Long Island real estate attorney […]
There are countless reasons why a homeowner might fall behind on mortgage payments. An unexpected injury or sudden loss of employment can put a homeowner in a financially precarious situation. If you are facing foreclosure, it is critical that you contact a real estate lawyer to represent your interests.
A Long Island real estate attorney from Solomon Richman P.C. will answer your questions and explain potential strategies for slowing down the foreclosure process and helping you reinstate your home loan. Call 516-437-6443 today to schedule a free consultation.
Read on to learn three reasons to hire a real estate attorney to help you fight foreclosure proceedings:
1. Responding to the Complaint
Your lender will initiate the foreclosure process by filing a complaint with the court. You will be served with the complaint, which will be accompanied by a summons that will give you 20 days to file an answer. According to the New York State website, if you were not personally served the complaint, then you will have 30 days to answer.
There are several possible defenses to assert in your answer. The defenses you use and how you present them can have a profound impact on your foreclosure proceedings.
This is where a real estate attorney can help. Your lawyer will evaluate your situation and the reason why your lender is taking a foreclosure action against you. Your attorney will identify potential defenses and outline them in the answer.
Your attorney can also investigate whether your lender has the necessary documentation to proceed with the foreclosure. Your lender must be able to provide documentation to prove that it owns your mortgage. If your lender cannot produce this documentation, then it cannot move forward with the foreclosure proceedings.
2. Counter-Suing Your Lender
There are many possible defenses that could apply to your foreclosure case. In addition to these, you may have grounds to sue your lender and make counterclaims related to “truth in lending” violations, fraud, or predatory lending practices. Filing a countersuit will tie up the foreclosure proceedings.
3. Slowing Down the Foreclosure Process
With an arsenal of possible defenses against your foreclosure, your real estate attorney can help you slow down the proceedings. This may give you enough time to get current with your mortgage payments.
You can reinstate your loan any time before the final judgment. You can also pay the arrearage before the sale of your home if the final judgment has already been made.
As you can see, foreclosure proceedings in New York are complicated, but there are several possible ways to postpone the foreclosure action against you and to reinstate your home loan. The best way to learn your rights and fight your foreclosure is to enlist the help of a real estate attorney. Call 516-437-6443 to schedule a free consultation with a Long Island real estate lawyer from Solomon Richman P.C.