Foreclosure Lawsuits in New York State

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When an individual is facing foreclosure, they may be very worried about the future. This is typically the case any time a person is struggling to pay bills. No family wants to lose their home, especially in a situation like this. If your mortgage lender decides to bring a foreclosure lawsuit against you, it is essential to consult with an experienced real estate attorney as soon as possible. First, your attorney will serve an answer on your behalf, as well as a Notice of Appearance. The formal Answer must be completed within 30 days of finding out the mortgage lender is bringing a lawsuit against you. Your attorney will assess the defenses that may be used. Some of these may include:

  • That the bank suing you doesn’t actually even own your mortgage
  • The 90-day pre-foreclosure notice wasn’t done correctly
  • The mortgage lender did not properly serve you the Summons and Complaint
  • The amount of debt listed in the Complaint is incorrect
  • The mortgage is illegal
  • The terms of the mortgage are unfair

Your attorney may also request that the bank participates in a loan modification program which can drastically reduce either your monthly payments, interest rate, or mortgage principal. There are many steps that take place in a Foreclosure lawsuit but ultimately, with the guidance of an experienced foreclosure defense attorney, it may be possible to save your home. Contact our firm today to see how we can help you.  

If you require the services of an experienced Bankruptcy attorney, contact the Law Offices of Allen A. Kolber, Esq. today to schedule a consultation and discuss your options.