SHOULD YOU HIRE A FORECLOSURE DEFENSE LAWYER?If you’re successful in modifying your mortgage on your own, you may not need a foreclosure defense lawyer. But if you’re unsuccessful obtaining a mortgage modification or if a process server shows up at your house and serves you with legal papers, it’s important you hire an experienced foreclosure defense lawyer as soon as possible.


When you arrive at a foreclosure defense lawyer’s office, you should interview the attorney. You should find out his or her experience level. You should find out if they’ve published articles on foreclosure defense. You should speak to the attorney about how many cases they’ve handled and their success rate. You should look into whether they have appropriate staffing. Some attorneys’ offices are outgunned by the type of law firms hired by the financial institutions to bring foreclosure lawsuits. If you cannot afford to hire a private attorney, you may qualify for legal aid if available to help you defend you and your family in the foreclosure lawsuit.

schlissel-headshotThe law office of Schlissel DeCorpo have been defending homeowners regarding mortgage issues for more than three decades. They can be reached at 516-561-6645, 718-350-2802, 631-319-8262 and 914-998-0080 or emailed at


LEGAL PROCESS IN STATE AND FEDERAL COURTS INVOLVING FORECLOSURELegal action can be taken by homeowners in either state courts or federal courts to save their homes. Unfortunately, these procedures are sophisticated. Most general practice lawyers are not familiar with the complicated process of fighting foreclosure lawsuits. Should you find yourself facing a foreclosure situation, do yourself a favor and hire an experienced foreclosure attorney.


An experienced foreclose defense lawyer will be in a position to examine all of the documents connected with the obtaining of the mortgage on for your home. He or she can identify possible legal defenses or counter lawsuits which can be brought against the financial institution. A foreclosure defense lawyer can review your financial information and evaluate if there are mitigating circumstances which have caused your default. The mitigating circumstance can be brought to the attention of the financial institution to avoid your home from going into foreclosure. Your attorney could also be utilized to help you regarding a forbearance plan or a mortgage modification. There are a number of viable alternatives to losing one’s home in a foreclosure. Among them is having the attorney negotiate with your financial institution to work out a plan which meets your needs and saves your home.


Should you end up in a foreclosure lawsuit, a qualified foreclosure defense lawyer can vigorously defend you and your family in court. Foreclosure defense attorneys who take an aggressive position with the financial institution can help in the negotiations with regard to obtaining a forbearance agreement, or a mortgage modification.

schlissel-headshotThe law office of Schlissel DeCorpo have been defending homeowners regarding mortgage issues for more than three decades. They can be reached at 516-561-6645, 718-350-2802, 631-319-8262 and 914-998-0080 or emailed at


CAN I FIGHT A FORECLOSURE?Mortgage loans generally are made for a period of 15 or 30 years. When homeowners take out the loan, they usually have good jobs, are healthy and have no problems making the payments. But during the term of the mortgage, sometimes homeowners run into financial difficulties. Their financial situations change. They experience all types of anxiety regarding losing their home.


Financial institutions have in house lawyers. They have outside counsel who bring lawsuits against homeowners that helps the financial institutions maintain their profitability. Foreclosure lawsuits can be fought. New York now has a mandatory modification mediation requirement before a foreclosure lawsuit is initiated. This puts pressure on the financial institution to come up with a program which is affordable by the homeowner and stops the foreclosure litigation from moving forward.


There are all types of notice requirements and provisions which must be given to homeowners by financial institutions and the assignees of their mortgages before a foreclosure lawsuit can be started. In cases where the financial institutions do not specifically comply with all the terms and conditions of the statutes and consumer protection laws the homeowners may challenge the foreclosure lawsuit successfully and have it dismissed.


In cases where there are fraudulent actions or misleading documents related to the loan application process or the foreclosure lawsuit, homeowners can fight these lawsuits in court and have the foreclosure lawsuits dismissed. In addition, there are procedural defenses in the New York Civil Practice Law and Rules and the rules of Court a foreclosing financial institution must very specifically comply with or the foreclosure lawsuit can be dismissed.

schlissel-headshotThe law office of Schlissel DeCorpo have been defending homeowners regarding mortgage issues for more than three decades. They can be reached at 516-561-6645, 718-350-2802, 631-319-8262 and 914-998-0080 or emailed at

A Primer On The Foreclosure Process


A Primer On The Foreclosure ProcessWhen a home owner falls three months behind on their mortgage payments the property is considered to be in a pre-foreclosure status. This will cause the financial institution to send demand letters. The letters will talk about mortgage modifications, forbearance plans, and possible other means of avoiding foreclosure. If the homeowner takes no action, the financial institution will usually initiate the foreclosure process.


Before the financial institution actually serves the summons and complaint in foreclosure case, a 90 day notice will be given to the homeowner. This 90 day notice advises the homeowner unless arrangements are made with regard to dealing with their late mortgage payments, a foreclosure lawsuit will be initiated.


The litigation process in New York usually moves slowly. It was made slower by Governor Andrew Cuomo and Governor Hochul shutting down the foreclosure process during the course of the COVID-19 pandemic for approximately two years. A qualified foreclosure defense attorney can often tie a foreclosure up in the courts in New York for three to five years or even much longer than that.


At the end of a foreclosure litigation a public foreclosure auction takes place on the courthouse steps. The home is sold at the auction to the highest bidder. The financial institution will bid the entire amount of their mortgage and then speculators can bid over that amount if they seek to buy the home.


When the foreclosure lawsuit has ended and a new owner has taken title to the home the new homeowner must provide notice they are the new homeowner to the ones who have lost their home. The notice statute in New York State requires they provide the former homeowners a copy of the new deed. Thereafter, the former homeowners will have to make arrangements to move from the premises or face an eviction proceeding which can result in their being put out of their home by the Sheriff or in the city of New York by a Marshall.

schlissel-headshotThe law office of Schlissel DeCorpo have been defending homeowners regarding mortgage issues for more than three decades. They can be reached at 516-561-6645, 718-350-2802, 631-319-8262 and 914-998-0080 or emailed at


LAWYERS AND FORECLOSURE DEFENSEBefore you represent yourself or hire an attorney, carefully look into who are the best foreclosure defense lawyers. Attorneys are expensive. To become a lawyer in the state of New York, you need a four year undergraduate degree. Thereafter apply to law school, be accepted and attend three more years of education in the law in an approved law school. Then, after graduating from law school, the individual must take the bar exam, pass it, go through an ethics process and then be admitted to the bar. The process between applying to college, graduating, going through law school and get admitted to the bar takes approximately eight years. When that individual gets out of law school, it then takes many years until they develop the expertise necessary to litigate effectively in the courts of New York.


Even if a homeowner does not have a provable defense to the foreclosure lawsuit, a skilled foreclosure defense lawyer can tie up the case up in court from anywhere from three to five years. During this time the homeowners are living in their home without making any mortgage payments.


What to look for in a foreclosure lawyer is how much experience the attorney has representing homeowners. The second thing to look for is how many foreclosure cases the law firm has handled? Have they obtained loan modifications for homeowners?

Have they published articles on issues facing homeowners whose homes have been foreclosed? Do they have a staff to back them up? Finally, what will hiring that foreclosure defense attorney cost you and what legal services are being provided?

schlissel-headshotThe law office of Schlissel DeCorpo have been defending homeowners regarding mortgage issues for more than three decades. They can be reached at 516-561-6645, 718-350-2802, 631-319-8262 and 914-998-0080 or emailed at


REVERSE MORTGAGES: ARE THEY A GOOD IDEA? Many Americans, as they reach their retirement years, find they have not saved enough money to pay all of their bills. One of the ways seniors can deal with their expenditures is to obtain a reverse mortgage. Reverse mortgages can make up for the fact that seniors do not have sufficient assets to cover their expenses during their period of retirement.


A reverse mortgage is available to individuals who are 62 years of age and older. The way the reverse mortgage works is no repayments need to be made until the homeowners die or the home is sold. When the homeowners die, their beneficiaries have up to a year to refinance the home, buy it or sell the house. If the home is sold and the proceeds from the sale are greater than what is owed on the mortgage, the heirs of the decedent keep the balance of the proceeds in excess of what is owed.


Seniors who take out reverse mortgage do not have to make mortgage loan payments during the rest of their lives. However, they have to pay for real estate taxes on the house, insurance on the house and they must maintain the premises in a good condition.


There are three different ways a homeowner can receive funds from the reverse mortgage. The first is in a lump sum payment. The second is a line of credit which they can draw on whenever they need money to pay bills. The third is called the stream of income. Set amount of payments on a monthly basis are sent to the homeowner. When a reverse mortgage is taken out, if there is an existing mortgage on the property, the funds from the reverse mortgage must first be used to pay off the existing mortgage, and then the balance of the funds becomes usable money for the homeowners as part of the reverse mortgage.


Families who have homes with significant equity in them can take out a reverse mortgage and use the equity to subsidize their lifestyle or to provide a cushion which can help them deal with unexpected expenses.


A reverse mortgage foreclosure can be brought by the financial institution if the homeowner doesn’t pay the taxes on the house, maintain the premises or pay the insurance on the house. In addition, the financial institution, if they are not paid off within a year of the homeowner’s death, can initiate a foreclosure lawsuit.

schlissel-headshotThe law office of Schlissel DeCorpo have been defending homeowners regarding mortgage issues for more than three decades. They can be reached at 516-561-6645, 718-350-2802, 631-319-8262 and 914-998-0080 or emailed at


HIRING A FORECLOSURE DEFENSE ATTORNEY A family’s home is usually their single largest asset. Homeowners whose homes are taken back by the financial institution usually have their credit negatively impacted upon. This often will prevent them from being able to purchase another home in the near future. This means the former homeowners will be living in apartments for a considerable period of time.


There are many different potential defenses to a foreclosure lawsuit. There are consumer protection laws, there are law’s regulating financial institutions. There are both federal, state, and local rules which financial institutions need to follow and many other statutory and case law defenses which have been developed over the years.

The legal process involving filing documents with the court and making effective legal arguments is quite complicated. The financial institutions hire very experienced foreclosure attorneys who have usually handled thousands of these types of cases. This gives the financial institutions, which have unlimited funds to hire lawyers, a distinct advantage if a homeowner seeks to represent themselves.

Individuals who are in the military are subject to additional rights and protections to avoid losing their homes in foreclosure.


A homeowner can apply on their own for a loan modification. However, loan modifications brought under the supervision of a judge can put pressure on the financial institution to be more reasonable with the homeowner.


Filing either a Chapter 7 or Chapter 13 bankruptcy in the United States Bankruptcy Court is another alternative which should can be taken into consideration by a homeowner. Whether to litigate in the state court in New York or in the federal court involves questions concerning financial circumstances, the homeowner’s ability to make payments, the current financial situation of the homeowner, the quality of their employment, and various other issues.

schlissel-headshotThe law office of Schlissel DeCorpo have been defending homeowners regarding mortgage issues for more than three decades. They can be reached at 516-561-6645, 718-350-2802, 631-319-8262 and 914-998-0080 or emailed at


ForeclosureMortgage foreclosure lawsuits in the state of New York have been made more difficult, by actions of the state legislature. In addition to foreclosure lawsuits becoming more difficult, they’re taking longer and longer to get through the courts. There are more reasons or grounds that foreclosure defense lawyers can use to have foreclosure lawsuits dismissed.


Financial institutions have six years from the time the mortgage is accelerated to bring a foreclosure case. The acceleration of the mortgage starts when the bank calls the entire mortgage due and owing. In the event, the financial institution and/or their lawyers did not move forward with the foreclosure lawsuit within six years of the acceleration of the mortgage the case can be dismissed for violation of the statute of limitations regarding a mortgage default. The violation of statute of limitations simply makes the mortgage unenforceable.

If a lender brings a foreclosure lawsuit and then for one reason or another it is discontinued, this does not stop the acceleration of the mortgage from continuing to run. Even if the foreclosure is dismissed by the court, it does not necessarily stop the six year statute of limitation from running.


There is a section of the New York Civil Practice Law and Rules, Section 205 which is the saving grace for banks that discontinue a lawsuit or have a lawsuit dismissed. This section states if the foreclosure action has been dismissed, at which time the statute of limitations has expired, there is a limited authority which allows an action to be reinstituted. If the lawsuit was originally commenced on a timely basis, but later terminated, the financial institution is permitted to commence a new lawsuit upon the same facts and circumstances within six months after the termination of the original lawsuit.

The dismissal of a foreclosure lawsuit and preventing it from being brought again is a complicated process. Should you think you have the possibility of a statute of limitations defense the best way to deal with any questions regarding this issue would be to contact an experienced foreclosure defense lawyer.

schlissel-headshotThe law office of Schlissel DeCorpo have been defending homeowners regarding mortgage issues for more than three decades. They can be reached at 516-561-6645, 718-350-2802, 631-319-8262 and 914-998-0080 or emailed at

Pre-Foreclosure Notice

Pre-Foreclosure NoticeNew York Real Property Actions and Proceedings Law Section 1304 requires lenders and servicing companies who want to bring a legal action regarding a mortgage on a residential home in the State of New York must provide 90 days written notice to the borrower regarding the home loan foreclosure before starting legal action. The notice needs to be mailed to the homeowner by regular mayor and certified mail.

90 Day Notice To Homeowners Required

Homeowners challenge the compliance with a statute on a regular basis. It is a complete defense to the foreclosure lawsuit that the homeowner was not properly served the requisite notice under Real Property Actions and Proceedings Law Section 1304.The mailing of this notice is considered a condition precedent to the initiation of the foreclosure lawsuit. The financial institution or servicing company must be in a position to provide an affidavit of service of the mailing of the pre-foreclosure notice.

There have been numerous decisions by the Supreme Court Judges and the Appellate Courts dismissing cases for the slightest mistake or deviation that the financial institution, its services and its attorneys have made with regard to failing to fulfill the strict compliance with the terms of this 90 day pre-foreclosure mailing.

schlissel-headshotElliot S. Schlissel and his law office has been protecting homeowners in foreclosure cases for more than 3 decades. He can be reached at and 800-344-6431.

Information in the Emergency Eviction and Foreclosure Prevention Act

Information in the Emergency Eviction and Foreclosure Prevention Act The covid-19 Emergency Eviction and Foreclosure Prevention Act created a standardized hardship declaration form which tenants can submit to their landlord to prevent and halt an eviction if they have a financial hardship related to or during covid-19 that prevents them from being able to pay their rent. In addition they can qualify if someone in their household is at an increased risk of illness due to covid-19.

The form gives tenants the ability to declare a financial hardship if they have lost income. In addition if they have increased healthcare, childcare or other family expenses, they can also declare a hardship. In the event they have been unable to obtain meaningful employment because of circumstances related to covid-19 they also can qualify. Funds also be allocated to help them with moving expenses.

A tenant who obtains a copy of the standardized hardship declaration form should return it to their landlord or to the court to prevent a landlord from filing an eviction. This can be used to suspend an eviction proceeding already underway until May of 2022.

Protection Against Foreclosure and Tax Lien Sales
for Residential Property Owners

The statute also gives homeowners protections against a foreclosure sale of their home and tax lien sale of their home. This applies to residential property that involves 10 or fewer apartment units. The residential property must include the individuals primary place of residence.

Property owners will be able to obtain protection from foreclosure and tax lien sales of their homes by filing a standardized hardship declaration form with their mortgage lender or with the court. The property owners must declare in this form under penalties of perjury that they have a financial hardship. In addition, they must allege this financial hardship prevents them from paying their mortgage or property taxes related to lost income. This includes reduction in rent collections, increased expenses or their inability to obtain meaningful employment. Landlords with 10 or more rental units are excluded from these protections.

Negative Reporting and Discrimination Extending Credit

The law protects a property owner from credit discrimination too if they are behind on their mortgage payments or they have received a stay of mortgage foreclosure sale, tax foreclosure or tax lien sale on their property.

The hardship declaration can also be used to avoid credit discrimination based on mortgage arrears on the property in which they reside. This statute gives new protection to single family residences, co-ops, owner occupied multifamily primary residences and primary residences. This legislation will also forbids negative reporting to any credit agency related to a mortgage foreclosure proceeding or tax foreclosure proceedings.

schlissel-headshotElliot Schlissel, his partner and his associates help homeowners facing foreclosure, bankruptcy or facing financial difficulties . They can be reached at 800-344-6431 or by email at

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