Defense of Incompetency in Foreclosure Lawsuits

JP Morgan Chase sued Mr. & Mrs. Haedrich in a foreclosure proceeding in Nassau County, New York.  Judge Phelan was the Supreme Court judge assigned to the case.

A guardian was appointed for the Haedrichs.  The guardian moved to vacate judgments of foreclosure, as well as the mortgage and notes.  The guardian alleged that Mr. & Mrs. Haedrich executed the mortgages and notes accompanying said mortgages in 1999, when they were incompetent.  He claimed they suffered from a mentally debilitating condition, including dementia, which deprived them of their ability to make a reasoned intelligent decision concerning the execution of the note and mortgage.

Homeowners Competent to Enter Into Mortgage

The court held that the evidence presented did not sufficiently show that Mr. and Mrs. Haedrich were incompetent at the time of the execution of the mortgage and note.  The court also held that the lender was not on notice and did not have any knowledge as to any aspect of their incapacity.  The court held that the record did not present appropriate medical evidence showing the Haedrichs were rendered legally incompetent due to mental illness or for other reasons when they executed the necessary documents related to the note and mortgage at the real estate closing.  The application by the guardian on behalf of the Haendrichs was dismissed.

About Our Firm

For more than thirty years, our law office has represented individuals in lawsuits involving creditors.  We handle foreclosure defense proceedings throughout the New York Metropolitan area.  We have a high degree of success in fighting off foreclosure lawsuits.

Should you or a loved one have questions or problems concerning a foreclosure lawsuit, please contact us at 1-800-344-6431 or 718-350-2802.

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