Few things are as nerve-wracking as being served with a summons and complaint saying your home is going into foreclosure. You go to work everyday, you do your best, and at the end it just was not enough. While, for obvious reasons, it feels incredibly defeating to believe that you are going to lose your home, the fact of the matter is that you have rights and you have options. New York is a judicial state. Even where you may have defaulted on your loan payments, the law requires that certain procedures to be followed by the bank before they are entitled to a judgment against you. If these procedures, and others, are not followed then you have a defense against the foreclosure proceeding and may use these defenses to creation options that will be favorable to you. Such defenses, and the overall foreclosure process, can involve complicated issues of fact and law. It is important that you retain an attorney, experienced in handling such matters, to assist you. Holly Meyer is a Long Island foreclosure defense lawyer who believes that every individual has rights under the law and those rights be protected. As a former public defender, she believes that everyone is entitled to aggressive representation. Contact us today. We also serve those in Queens, Brooklyn, and other New York areas.
Long Island attorney assisting residents in flawed foreclosure proceedings
Lenders and those who hold a mortgage have the right to a monetary judgment to recover money owed under a mortgage contract. They also have the contractual right to have property sold in order to pay off that monetary judgment. The fact of the matter, however, is that New York law requires them to follow certain rules and procedures in their attempt to do so. For example, your mortgage requires the lender to send a “pre-foreclosure notice” to the homeowner before it may seek recovery for future payments not yet due, also known as an acceleration. Further, New York law requires a specifically worded Notice to be sent a borrower by two different mailing methods at least ninety days (in most circumstances) before legal proceedings may be initiated. This notice must advise the homeowner of certain rights that they have (such as the right to seek a solution with their lender). If these requirements are not met by the lender then you have defenses and can challenge the foreclosure. Other defenses may include issues where the lenders provided fraudulent or misleading information during the loan process, or during foreclosure proceedings. Different defenses may also depend on the type of loan you have.
Rights are also available to those who are renting a home which is being subjected to foreclosure proceedings. For example, tenants must be provided with a notice within ten days after the Complaint and Summons have been served upon the borrower. Tenants will have the right to stay in the property while it is subject to foreclosure and, if the owner is no longer maintaining the property, the lender must do so while the proceedings are occurring. Whether you are a tenant or the homeowner, challenging foreclosure proceedings can be complicated. It is strongly suggested that you retain a lawyer.
Holly Meyer is a Long Island attorney who has been assisting New York residents in challenging foreclosure actions for over a decade. Your initial consultation will be used to gain an understanding of your situation and to help you understand the process which you are facing. You will be given an honest assessment as to whether you have a basis to challenge the foreclosure. If such a basis exists, our office will begin gathering any necessary paperwork and prepare for any required mediations. Depending on the circumstances, our office may be able to facilitate a mortgage modification. The most important thing to remember in these types of cases is that no two matters are the same. Our firm prides itself on taking an individualized approach to the handling of each case and providing our clients with the representation which they deserve. Contact us today to schedule an initial consultation.
Long Island foreclosure lawyer providing flexible options to New York residents
If you are facing foreclosure proceedings then you are already under a great deal of financial stress. Our office works to provide “outside of the box” options when it comes to your payment for legal services. We also strive to provide the highest levels of service. We are honored to serve those in the area and we take our commitments seriously.
In addition to Long island, our lawyer also serves Kings County residents in Brooklyn, residents of Queens, those in Nassau and Suffolk Counties, as well as people in other New York areas.
