Foreclosure Settlement Conferences in New York: Part One

A home with an american flag hanging on the side of it

Foreclosure lawsuits are initiated by the attorneys for the financial institutions by filing a copy of the sun’s complaint in the County which the home of being foreclosed on is located. Therefore, the attorneys representing the substitution hire a processor server, a copy of the summons and think. When homeowners receive the summons and complaint, often they have no idea what to do. However, shortly thereafter, he was homeowners seek this adequate settlement conference at the scheduled. Homeowners assume this court settlement conferences are dealing with the lawsuit initiated against them by the financial institution. Unfortunately, this is not true. While most homeowners default in responding to the summons and complaint, a significant amount of homeowners in the metropolitan area actually attended the foreclosure settlement conferences.

These homeowners participate in the settlement conferences, prepare mortgage modification documents, submit the mortgage modification documents and either receive a mortgage modification or are denied. If they receive a mortgage modification, the foreclosure lawsuit does not move forward. If they either don’t submit mortgage modification documents to the financial institution and\or the mortgage modification application is denied, the case is removed from the foreclosure conference part and put into a trial part. Unfortunately, for the homeowner, if they only participated in the mortgage modification conference and did not file an answer to the summons and complaint with the banks attorney and the court, they defaulted in the lawsuit. Default means an admission of the allegations contained in the foreclosure pleadings submitted by the bank’s lawyers. Thereafter, the attorneys for the bank will usually bring a motion for summary judgment, obtain judgment against the homeowner and have a referee appointed to sell the home.

NY Foreclosure Defense Attorney Elliot Schlissel

Solution to The Problem

When served with a summons think the question attorney to submit a written answer to the summons served them institution.

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