In spite of having every intention of paying your mortgage, life got in your way. Thanks to the loss of a job, a family emergency, divorce, flood, fire or other natural disasters, you simply could not afford to pay. Unfortunately, your lender is unforgiving and has initiated foreclosure proceedings against you. If you would like to fight back, please read on, then contact an experienced foreclosure defense attorney in Rockland County to learn what you should know about foreclosure defense in New York.
How can you defend against foreclosure in New York?
You may have many potential strategies at your disposal to levy a foreclosure defense in the state of New York. Some of the most common defenses against foreclosure are as follows:
- 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. Furthermore, the defendant can also request the opportunity to modify their original loan.
What is loan modification in New York?
A loan modification is an agreement with your lender to change the terms of your loan, serving as a type of loss mitigation. The modification can reduce your monthly payment to an amount you can afford. Modifications may involve extending the number of years you have to repay the loan, reducing your interest rate, and/or forbearing or reducing your principal balance. However, a loan modification may not always be available.
What can a New York foreclosure defense attorney do for you?
If your mortgage lender sues you and foreclosure is a real possibility, a skilled Rockland County real estate attorney will take preliminary steps, including serving an answer where he or she will assert defenses against the foreclosure, assert counterclaims to assess their right to your mortgage, request all documents regarding the mortgage, including payment history and the chain of title, et cetera, serve the applicable motions and cross-motions to dismiss the action, and work to get you into a loan modification program. A seasoned legal representative will draft all the necessary paperwork, seeing to every foreseeable outcome. If this process sounds convoluted, please give us a call today.
Contact our Firm
The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.
