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Foreclosure Defense Attorneys

Foreclosure Sale Set Aside

House for sale

In a case in Westchester County Justice Lawrence Ecker, sitting in a Supreme Court foreclosure part, ruled due to a mistake a party’s home was sold and the sale should be set aside.

Referee Sells the Property

The sale of the property was conducted by a Referee. The homeowner had spoken to the bank’s lawyer and was under the impression the sale was not going to move forward. However, the sale did move forward and the referee sold the property to the successful bidder. The bidder provided the referee with a deposit. However, a deed was not yet provided to the successful bidder.

Communication Issues

Justice Ecker found the mistake was not related to a one-time communication. There had been communications over a two-month period and the homeowner’s attorney was assured the scheduled sale would not be moving forward. The reason for the sale not moving forward was the bank had acknowledged the homeowner had completed all the steps required for the reinstatement of the mortgage.

Justice Ecker found as a matter of equity and good conscious, the sale should be set aside. Justice Ecker also ruled the purchaser should be entitled to a refund of his deposit plus interest.

Attorney Elliot Schlissel

Conclusion

Even after a home is sold it is still possible to bring a motion to the court where the foreclosure lawsuit is pending, to set the foreclosure sale aside if good cause can be presented to the court.

Foreclosure Case Dismissed

House keys and foreclosure notice

In a case in Orange County, New York before Supreme Court Justice Maria Vasquez-­Doles a foreclosure lawsuit was commenced against homeowners. Aschmoneit was the only defendant who submitted a written answer to plaintiff’s summons and complaint. Foreclosure conferences were scheduled and plaintiff’s counsel appeared at the conferences. He stated he was unable to obtain an affidavit of merit from the plaintiff for the purpose of making a timely application for a summary judgment motion. Justice Vasquez-Doles as a result of counsel’s statement dismissed the lawsuit. Thereafter plaintiff moved to vacate the dismissal and asked for a summary judgment against Aschmoneit, the defendant.

The original lender on this case was First Federal Savings and Loan Association. Counsel for the plaintiff claimed the dismissal by Judge Vasquez-Doles was improper because an attorney for the plaintiff has appeared at the foreclosure court conference and therefore the court did not have the discretion at that conference to dismiss the case.

Bank’s Arguments Without Merit

Judge Vasquez-Doles found plaintiff’s counsels argument to be meritless. In her decision she stated at foreclosure mediation court conferences counsel for plaintiff has to both appear and be ready to proceed. In this situation plaintiff’s counsel failed to obtain/an affidavit of merit from his client. He therefore could not make a timely motion for summary judgment. She further went on to hold the dismissal was proper. There was no documentary evidence of the assignment of the mortgage provided to the court. The financial institution could not show they had a meritorious claim against Aschmoneit. Aschmoneit should have received a copy of the certificate of merit from counsel for the plaintiff when she was served with the summons and complaint. Since she was not served with this document, the dismissal of the case was correct.

Conclusion

Attorney Elliot Schlissel

Foreclosure cases can be dismissed based on the financial institution’s attorneys’ failing to comply with the myriad of rules, regulations, statutes and court ordered responsibilities they have.

Elliot S. Schlissel and his associates have been representing homeowners sued in foreclosure cases for more than 3 decades.

Evictions After Foreclosure Sales

Eviction notice and gavel on a table.

An individual or corporation that purchases a property at a foreclosure sale can bring a landlord/tenant proceeding to evict the individuals who reside at the residence.

Exhibiting the Deed

Before bringing a landlord/tenant proceeding the owner of the property which was purchased in a foreclosure sale must deliver a copy of the deed to the residents of the dwelling showing they purchased the property. The copy of the deed served on the individuals residing in the premises must be a certified copy.

10 Day Notice to Quit

Prior to bringing the landlord/tenant eviction proceeding, the individuals residing in the house must receive a 10 day notice to leave the premises. In the event a copy of the deed is not properly served on the individuals residing in the house, the landlord/tenant case and 10 day notice are defective and an application can be made to the court to dismiss the Attorney Elliot Schlissellandlord/tenant proceeding based on this defect.

Elliot S. Schlissel and his associates are foreclosure attorneys. They defend homeowners whose homes have gone into foreclosure, they provide legal assistance in obtaining mortgage modifications and, if necessary, they also can file bankruptcy for you to stop the foreclosure from moving forward.

Happy Halloween!

Happy Halloween!

Penalizing Banks for Foreclosure Irregularities

Wells Fargo and Company, the fourth largest bank by assets in the United States, Bank of America, the largest lender in the United States and Citigroup the third largest

8lender in the United States expect to be sanctioned by the United States government for bad foreclosure practices.

These banks are accused by federal regulators of abusing borrowers and illegally foreclosing on homes. A federal probe has been underway for many months. Federal investigators have found widespread deficiencies in the manner in which home loans are serviced, payments are collected, how loan modifications are processed and the foreclosure process itself on loans.

Banks to Be Penalized

Wells Fargo, Bank of America and Citibank have all been accused of improper and illegal foreclosure practices. There have been reports that federal regulators may demand as much as thirty billion dollars from some 14 mortgage companies regarding improper foreclosure and mortgage practices.

Bank of America is responsible for the most mortgage loans in the United States. It handles 2.1 trillion dollars in home mortgages. Bank of America besides being investigated by federal regulators has been subject to a variety of private lawsuits concerning their mortgage foreclosure practices. Bank of America had temporarily suspended all foreclosure proceedings in 2010 to conduct a review and investigation of its foreclosure and mortgage practices. Bank of America has recently re-instituted foreclosure proceedings. They claim they have dealt with all of their internal problems concerning the processing of mortgages and handling of foreclosure.

Long Island Foreclosure Defense Lawyers

If your home is in foreclosure or you need a mortgage modification we can help you. The Law Offices of Schlissel DeCorpo have been assisting consumers and homeowners with problems concerning debts to financial institutions for more than two (2) decades. We prepare mortgage modification documents. We can help deal with mortgage modification programs that fail to meet the consumers needs. If you are in foreclosure, we will attend foreclosure court conferences on your behalf.

We litigate defective foreclosure lawsuits, predatory lending issues, defective mortgages, bad faith on behalf of financial institutions, and other related real estate proceedings.

In situations where we feel a filing of a Chapter 7 bankruptcy or Chapter 13 bankruptcy is appropriate we file these proceedings with the United States Bankruptcy Court on behalf of our clients. We also assist our clients in reestablishing credit after filing for bankruptcy. We can help stop foreclosure in its tracks. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Pedestrian Not Seriously Injured

A pedestrian was struck by a car. The driver of the car was uninsured at the time of the accident. The pedestrian was taken to a hospital emergency room for treatment. He also, at a later date, received treatment for pain from the injuries.The pedestrian did not miss any time at work. He incurred no medical expenses since all the expenses were paid for by the defendant, the Motor Vehicle Accident Corporation.

Lawsuit For Pain & Suffering

The pedestrian brought a lawsuit for past and future pain and suffering. Judicial Hearing Officer Nadelson, sitting in the Civil Court of Kings County, found that the pedestrian only had soft tissue injuries involving sprains, muscle spasm and disk bulges. His decision was that these injuries were not sufficient to meet the heavy burden on individuals in car accidents to prove a “serious injury.” The court found that the injuries suffered by the pedestrian were not permanent and did not meet the threshold of a serious injury. The pedestrian’s claim that he suffered an inguinal hernia were not supported by the evidence. The pedestrian did not recover any monetary damages.

Car Accident Lawyer

If you are in a car accident and sustained a serious injury, we can help you. The Law Offices of Schlissel DeCorpo, for more than thirty years, has represented both men and women involving personal injuries. The firm litigates car accidents, truck accidents, slip and fall cases, wrongful death and other types of personal injury cases. Call for a free consultation.

Avoiding Parental Control

The mother alleged that her daughter had left her home in Arizona for the sole purpose of avoiding parental control of her actions. The mother further stated that her daughter refused to have any contact with her.

Judge Bennett disagreed with the mother’s argument. She felt that the mother had put her personal needs above the needs and responsibilities she had to her daughter. Judge Bennett stated in her decision that mom did not accept the responsibility for the problems that existed between her and her child. She felt that the child did not seek to escape from the mother’s rules but it was the mother who refused to fulfill her responsibilities to her child.

The child testified before Judge Bennett that she wanted to live with her mom. Judge Bennett felt that the mother had neglected her responsibilities to her child. She denied the mother’s application for constructive abandonment. Mom will still have the financial responsibility to support her child.

New York and Long Island Divorce Lawyers

The divorce and Family Court lawyers at the Law Offices of Schlissel DeCorpo have extensive experience in litigating, for more than three decades, divorce cases, Family Court cases, issues involving orders of protection, problems concerning child custody, child abuse, and child neglect programs. We help our clients negotiate separation agreements. When the marriage is not long term we can have the marriage annulled.

We deal with issues involving father’s rights and mother’s rights. We draw up both pre-nuptial and post-nuptial agreements.

Should you have matrimonial or family law issue call us, we can help you. Our phone numbers are: 1-800-344-6431, 516-561-6645 and 718-350-2802. (General website – divorce)

Long Island’s Economy Is Not Recovering

Real Estate Problems Create Continued Economic Problems on Long Island

More and more homeowners on Long Island are falling behind on their mortgages. Rising unemployment has forced more Long Island residents onto the welfare rolls. Long Island continues to lose jobs to other areas of the country.

The Recession on Long Island Continues

Although Nassau County is among the weathiest counties in the United States, its future does not look promising. At one time, Nassau County was a hub of National Defense related industries. Among these many industries was Grumman Corporation, which was the largest employer in Nassau County. With fewer and fewer jobs available, Nassau County now finds itself in financial difficulty.

With the loss of jobs, the devaluation of real estate, and newer companies hesitant to move to Long Island due to high taxes and expensive property values, the future for Nassau County looks bleak. Even beyond that, Nassau County Executive Edward Mangano has had the county’s finances taken over by the State appointed organization known as “NIFA” (Nassau Interim Finance Agency). What is a county such as Nassau County – considered a mature and economic county – to do about rising its prospects for the future? Innovative programs must be developed to bring new industries into the county, and tax breaks may be necessary to entice these industries.

When homes fall behind in their mortgages and are taken over by banks, they shouldn’t be sold. The continued selling of foreclosed homes results in creating an over supply of homes for sale on the real estate market, driving home prices down, and further creating losses for everyone. Instead, these homes should be rented to their former homeowners, who should be given the possibility of purchasing these homes down the road. The cost of maintaining the infrastructure of Nassau County needs to be reduced. Nassau County Police Officers are among the highest paid in the United States. A combination of their wages, pensions and fringe benefits are beyond what the county can afford to pay. Only aggressive action by the politicians and the business community can save Nassau County.

Long Island Foreclosure Defense Lawyers New York City Foreclosure Defense Lawyers

For those who are behind on their mortgage, a mortgage modification may be the best way to keep their home. Unfortunately, however, banks are approving fewer and fewer mortgage modifications. Should your home go into foreclosure, you need the best foreclosure defense lawyers to help you and your family stay in your home. The Law Offices of Schlissel DeCorpo has been providing legal assistance to homeowners and keeping them in their homes for more than 20 years. Our law firm represents clients concerning mortgage modifications, and deals with the problems involving mortgage modifications that fail to meet our clients needs. When our clients are sued in foreclosure, we submit the appropriate documents to the court in order to defend them. We attend court conferences regarding the foreclosure, and we try to persuade both the court and the bank attorneys to put pressure on the bank to approve mortgage modifications. We submit formal Answers to foreclosure lawsuits. When appropriate, we include in our answers legal defenses such as defective foreclosure lawsuits, predatory lending, defective mortgages and numerous other types of real estate related legal defenses.

Our law firm has extensive experience in dealing with the Federal laws and foreclosure. In some situations filing either a Chapter 7 or Chapter 13 bankruptcy is the best route to deal with foreclosure and other financial issues. Filing a bankruptcy will stop foreclosures from moving forward, stop debt collection, and in some situations, eliminate second mortgages. At the end of the bankruptcy filing, we also advise our clients with regard to reestablishing their credit.  There are many myths about bankruptcy that are simply not true. Call us for a free consultation. At this first meeting we will discuss your foreclosure and bankruptcy options and how we can keep you in your home. Thank you for visiting the Elliot S. Schlissel, Esq. foreclosure blog.

2012: A Banner Year For Foreclosures On Long Island

During 2012, in many villages on Long Island, there were more foreclosures than there were real estate sales.  Areas where there were more foreclosures than real estate sales involve the towns of Freeport, Bellport, Inwood, Amityville and a variety of other towns on Long Island.  Even without the devastation caused by Hurricane Sandy, the real estate market was far from being healthy.

Home Sales Fall

In 2005 there were approximately 50,000 homes sold on Long Island.  In 2012 there were only 22,000 home sales.  The value of the homes sold in 2005 was approximately $30 billion, while the value of the real estate transactions in 2012 was only $13 billion dollars.  There were approximately 6,200 foreclosed homes in 2005 while there were 14,000 in the year 2012.

Stagnant Real Estate Market

The real estate market on Long Island is not recovering.  Experts refer to it as being “stagnant”.  Maryann Garvin who heads the Community Development Corp of Long Island, a not for profit housing advocacy group, recently stated “you want a healthy housing market where you have movement…where people can sell their house and get a bigger house, or sell it and get a smaller house.  It doesn’t feel like our market is that fluid.”

Investors Buying Homes

In some areas of Long Island, speculators are purchasing distressed homes.  These speculators purchase the homes, do a minimum amount of repairs and either rent them or resell them for a profit.  Investors are now becoming involved in the purchase of homes in water front communities which were badly damaged by Hurricane Sandy.  In some of these situations the homeowners have decided not to repair their homes because of the fear there will be hurricanes in the future.

Unfortunately for the homeowners, the real estate market in many of these areas was further devastated by the extensive damage caused to many homes by Hurricane Sandy.  The investors are buying these homes for rock bottom prices with the hope in a few years people won’t remember the problems caused by Sandy and they will make a significant profit on their investments.

Fighting Foreclosure Proceedings

Many homeowners, especially those in waterfront communities which were significantly damaged by Hurricane Sandy are no longer paying their mortgages.  They hope to stay in their homes for as long as they can while hiring lawyers to fight their foreclosures proceedings.

Foreclosure Defense Lawyers

The Law Offices of Schlissel DeCorpo is one of the largest foreclosure defense law firms in the metropolitan New York area.  Our firm has helped hundreds of families stay in their homes and fight off foreclosure proceedings.  In some of our cases, families have not made mortgage payments for close to a decade and still reside in their homes.  Our law office aggressively litigates issues concerning fraudulent mortgages, foreclosure fraud and predatory lending issues.

Long Island Mortgage Fraud Scheme

Fraud Investigation, Detective Files

Two men from Long Island have been charged with running a $30 million mortgage fraud scheme. The case is pending in Federal Court in the Eastern District of New York located in Central Islip. The prosecutor on the case, Artie McConnell, in his closing statement to the jury stated these two “stole more money than a man with a mask and a gun ever could,” referring to the two men charged with the mortgage fraud. The two defendants in the case are Aaron Wider, who was the head HFTC Corp. in Garden City and Joseph Ferraro, Jr., who is from Long Beach.

The Scheme

Ferraro and Wider were involved in a scheme where homes were purchased and thereafter sold to a trust on the same day. The homes were then subject to an inflated appraisal and they were resold at much higher selling prices, sometimes as much as double. Thereafter Mr. Ferraro and Mr. Wider sold the “toxic mortgages” in the secondary mortgage market and kept the difference Attorney Elliot Schlisselbetween the real and inflated values. This scheme took place between 2003 and 2008. Each home involved in the scheme ended up in foreclosure. In the end, the mortgage holders on these homes were high and dry.

Elliot S. Schlissel and his associates are foreclosure lawyers. They help homeowners who have fallen behind in their mortgages stay in their homes.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

We represent individuals throughout the New York Metropolitan area with divorce and child custody, personal injury, car accident, wrongful death, estate administration, nursing home and medicaid issues

The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your particular legal issue. This is attorney advertising.

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