While you had every intention of paying your mortgage, life got in the way. As a result of job loss, debt, an emergency, divorce or a natural disaster, you could not afford to pay. Now, your lender has initiated foreclosure proceedings. If you would like to fight back, please read on, then contact one of our experienced Rockland County foreclosure defense attorneys to learn what you ought to know about foreclosure defense in New York.
How do you levy a foreclosure defense in New York?
A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale or filing for bankruptcy. Of course, if you can work a loss mitigation option, like a loan modification, that will also stop a foreclosure. However, you may not have those options, requiring you to reach out to a skilled Spring Valley commercial, zoning, and estate law attorney to discuss your next steps. Together, you can work out a more comprehensive foreclosure defense.
What are some foreclosure defenses in New York?
Some of the most common defenses against foreclosures include:
- The plaintiff lacks standing
- The plaintiff has failed to provide the required notice of default
- The statute of limitations has expired
- The plaintiff has acted unethically in connection to the circumstances that have led to the suit
The intent of the latter defense, called “unclean hands,” is to keep a person from abusing the justice system in order to benefit from a situation they created by acting in bad faith.
How can a Rockland County foreclosure defense attorney help you?
While engaging the services of a legal professional is not required, it would be in your best interests to do so. To contest a judicial foreclosure, you will have to file a written answer to the complaint. You will need to present your defenses and explain the reasons why the lender should not be able to foreclose. A court may even require you to defend yourself against a motion for summary judgment and trial. A seasoned New York foreclosure defense attorney can review all the documents related to your mortgage, checking for any mistakes. He or she will also negotiate on your behalf and create all of the needed documents. Lenders and their attorneys will do everything in their power to make you pay. Do not let them take advantage of you. Give us a call today.
CONTACT OUR EXPERIENCED ROCKLAND COUNTY FIRM
Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.