Elliot S. Schlissel

Loan Modifications

July 3, 2018 by Elliot S. Schlissel

Things in people’s lives change. Sometimes a family’s financial situation improves and sometimes it goes downhill. If you are facing a problem making your mortgage payments it is highly recommended that you pursue a loan modification. A mortgage loan modification is an agreement between the financial institution and the homeowner to change the terms of the mortgage loan. Loan modifications can provide homeowners with lower interest rates and changes in the monthly mortgage payments.

Financial Difficulties

Should you be having financial difficulties, if you are downsized, or if you have lost your employment, modifying your mortgage loan may be the best way to save your home from falling into foreclosure. A loan modification may keep you and your family secure in your home.

What Loan Modification Can Accomplish

Loan modifications can extend your payment terms, remove late fees and reduce your mortgage payments. If you have a mortgage where interest rates have been continually going up causing your mortgage payments to increase, it may be possible to obtain a fixed rate mortgage when you modify the loan. An experienced foreclosure defense law firm will be able to assist you with regard to applying for a mortgage modification. They can help you develop the appropriate hardship letter as well as see to it that you are not jerked around by the processing company for your financial institution. Dealing with the application for a mortgage modification can at times be a frustrating process where the mortgage loan processor repeatedly requests the same documents again and again even after you’ve provided them.

Elliot S. Schlissel is a partner in the law firm of Schlissel DeCorpo LLP a well known foreclosure defense law firm that has been representing homeowners throughout the Metropolitan New York area for more than 3 decades. He can be reached for a free consultation at Elliot@sdnylaw.com or at 800-344-6431. The firm maintains offices in Nassau, Suffolk and Queens Counties in the State of New York.

Filed Under: Loan Modification

Beware of Foreclosure Scams and Forensic Loan Audit Scams

June 29, 2018 by Elliot S. Schlissel

Individuals in foreclosure may be solicited with regard to forensic loan audits and mortgage securitization analysis. It is claimed these audits and analysis will uncover improper and/or illegal loan documents. It is claimed this will force a loan servicer to give a homeowner a loan modification. These claims are usually false. If you have a problem with your mortgage and are facing foreclosure you should retain an experienced foreclosure defense lawyer. Generally speaking the securitization analysis or forensic loan audits usually cause homeowners to spend a lot of money and these procedures don’t accomplish either setting aside the mortgage or obtaining a mortgage modification for the homeowner.

Scams Concerning Deeds

There are a variety of scams regarding deeds. Usually a distressed homeowner is conned into signing the deed over to his or her property. Sometimes the scam offers to pay the homeowners money claiming if the deed is turned over to them they will straighten out the problem and thereafter re-deed the property back to the homeowner. Sometimes this happens by the scammer requesting the homeowners provide them with a power of attorney. If you are solicited with a proposal for someone to take title to your home, it is important you retain an experienced foreclosure lawyer to look into the propriety of this type of transaction.

Other Types of Foreclosure Scams

There are a variety of other types of scams which involve mortgage loan modification companies requesting homeowners to obtain loan modifications, phony solicitations to be part of Class actions for homeowners and scams involving suggestions a company can eliminate your mortgage. When a family finds their home is in foreclosure they often don’t know what to do or where to turn. However, if you are solicited with an easy way out be very careful. Generally speaking there is no easy way out of foreclosure. The best way to deal with foreclosure problems is to contact an experienced foreclosure defense lawyer and have him or her go through the various options available to you.

Elliot S. Schlissel is a partner in Schlissel DeCorpo LLP, a foreclosure defense law firm. They offer free consultations. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

Filed Under: Foreclosure

Foreclosure Court Conferences

June 8, 2018 by Elliot S. Schlissel

In the State of New York if a foreclosure lawsuit is started the financial institution must schedule a foreclosure mortgage modification conference with the court. These conferences take place in a dedicated location in the courthouse in the county the foreclosure is brought. The purpose of these conferences is to see if an alternative to the home being sold in the foreclosure lawsuit can be worked out. The most common means of dealing with the lawsuit is for the homeowner to apply for a mortgage modification. The purpose of these conferences is to allow the homeowners to maximize their potential of obtaining a mortgage modification.

Law Firms

There are law firms, such as mine, who have attended hundreds of foreclosure modification conferences. The experience in attending many of these conferences and dealing with the attorneys for the bank on a regular basis provides the law firms that deal with these matters with a unique type of expertise. Foreclosure attorneys that have an expertise in helping homeowners obtain mortgage modifications will greatly increases the potential the homeowners will be able to keep their homes. However, many homeowners attend these foreclosure mediation mortgage modification conferences without retaining a qualified defense lawyer. This is generally a mistake.

Bad Faith

An experienced foreclosure lawyer will have a unique prospective on maximizing the potential for the homeowner to obtain a mortgage modification. The standard utilized by courts in determining whether the financial institution and their attorneys are acting appropriately is referred to as “bad faith”. Whether the financial institution and their attorney are acting in bad faith is an issue to be presented to the court with regard to the mortgage modification process.

Loan Modification Application Process

An experienced foreclosure defense lawyer will have the expertise to work through the loan modification application process. This will provide his or her clients with the opportunity of attending as many settlement conferences as is necessary to maximize the homeowner’s potential of obtaining the mortgage modification. These procedures also delay the onset of the legal process that can result in the homeowners being forced to move from their home. If the mortgage modification process is successful the homeowners get to stay in their homes and the financial institutions attorneys are thereafter forced to withdraw the foreclosure lawsuit.

Conclusion

If you are served with legal papers in a foreclosure lawsuit or receive notice there is a foreclosure settlement conference coming up in court, it is important to retain the services of an experienced foreclosure defense law firm.

The law offices of Schlissel DeCorpo LLP have been fighting foreclosure lawsuits for more than 3 decades. The law firm has hundreds of pending cases throughout the courts in the Metropolitan New York area and the firm takes an aggressive position with regard to litigating these cases and helping clients obtain mortgage modifications. Should you have questions feel free to contact Elliot S. Schlissel, Esq. at 800-344-6431 or e-mail him at Elliot@sdnylaw.com. The law firm maintains offices in Nassau, Suffolk and Queens Counties.

Filed Under: Foreclosure, Foreclosure Defense

Stopping the Foreclosure Sale

May 11, 2018 by Elliot S. Schlissel

Stopping the Foreclosure Sale

At the end of the foreclosure process in New York the home is scheduled to be sold by a court appointed referee. If you find yourself in this situation what do you do? The homeowner usually receives notice approximately 30 days before the house is sold. In some situations the homeowner only has several weeks to stop the foreclosure sale.

Legal Action to Stop the Foreclosure Sale

There are two avenues a homeowner can proceed to stop their families’ home from being sold. The first option is to bring an emergency order to show cause in the state court where the foreclosure case is pending. When this order to show cause is brought it requests the judge enter a court order stopping the foreclosure sale from going forward. However, it should be noted this is discretionary with the judge and the judge can turn down this application.

The second route to stopping a foreclosure sale is to file a bankruptcy in the United States Bankruptcy Court. The filing of a bankruptcy, whether it is a Chapter 7, Chapter 11 or Chapter 13 bankruptcy, guarantees the federal court will issue a stay ordering the state court, where the foreclosure is pending, to stop the sale from Elliot Schlissel moving forward. After the bankruptcy is filed the attorneys for the homeowner serve the court order from the federal court on the attorneys for the financial institution and the referee appointed by the court to sell the home.

Chapter 13 and Chapter 11 Bankruptcies

Chapter 13 and Chapter 11 bankruptcies involve the reorganization of the debt of the homeowner. Plans are established to allow the homeowner to catch up on the mortgage arrears over a period of five (5) years or less. A Chapter 7 bankruptcy is also known as a straight bankruptcy. It simply eliminates or discharges the mortgage debt completely.

The best way to evaluate whether to proceed with an order to show cause in state court or one of the three (3) potential bankruptcy filings is to meet with a foreclosure lawyer as soon as you receive notice your home is going to be sold at auction. At a minimum an experienced foreclosure defense lawyer will be able to provide you with peace of mind and explain how the legal process is working in your case.

Filed Under: Foreclosure Tagged With: foreclosure

Foreclosure Strategies

May 10, 2018 by Elliot S. Schlissel

The best way to deal with a foreclosure is to take aggressive legal action when the foreclosure lawsuit is started and at the same time actively participate in the mortgage modification process. By both fighting the lawsuit, suing the financial institution to set the mortgage aside and working with the financial institution and their attorneys regarding a mortgage modification provides the best possibility of successfully seeing to it the homeowners to continue to live in their homes.

Mortgage Modification

The homeowners can apply for a mortgage modification before they are sued in foreclosure. If the homeowners finds themselves in financial difficulty they should immediately apply for a mortgage modification and submit a hardship letter to the bank explaining their financial difficulties. A mortgage modification can reduce monthly mortgage payments the homeowner has to make and in addition arrears owed to the financial institution can be placed at the end of the mortgage.

Litigating the Foreclosure Lawsuit

When served with the summons and complaint in a foreclosure lawsuit the homeowners should immediately retain competent experienced foreclosure defense lawyers. The attorneys for the homeowner should put in an answer including numerous affirmative defenses and counterclaims seeking to set the mortgage aside. Discovery applications requesting the financial institution to turn over all relevant documents related to the application, underwriting and processing of the mortgage should be instituted.

Foreclosure Sale

If the homeowner’s home is listed for sale in a foreclosure, the homeowner has 2 options. An emergency order to show cause can be brought to the court where the foreclosure is pending requesting the foreclosure sale be stopped. Another route the homeowner can take is to file a bankruptcy in the United States Bankruptcy Court. The filing of a bankruptcy causes the federal court to issue an automatic stay of all foreclosure proceedings. This stops the foreclosure in the state court. The bank’s lawyers and the referee appointed to sell their home are ordered to stop taking any legal action to move forward with regard to the sale of the homeowner’s home.

Types of Bankruptcies

There are basically three (3) types of bankruptcies the homeowner can utilize. Chapter 13 and Chapter 11 bankruptcies set out plans that keep the homeowners, if they have the appropriate cash flow, to become current on their mortgage. A Chapter 7 bankruptcy simply eliminates all of the homeowner’s debt.

Don’t Give Up

It is said that God helps those that help themselves. Sometimes homeowners when faced with foreclosure become depressed. They assume there is nothing they can do and they take no action. This is the wrong approach. Faced with their home going into foreclosure homeowners should hire competent foreclosure defense counsel. Our office has helped hundreds of homeowners throughout the Metropolitan New York area continue to stay in their homes. We can be reached for a free consultation at our offices in Nassau, Queens and Suffolk Counties at the following phone numbers: 516-561-6645, 718-305-2802 or 631-309-8262. We can be e-mailed at Elliot@sdnylaw.com. We have been keeping homeowners in their homes for more than 3 decades!

Filed Under: Bankruptcy, Foreclosure, Foreclosure Defense Tagged With: bankruptcy, foreclosure

Foreclosure Help

May 7, 2018 by Elliot S. Schlissel

Foreclosure Help The ownership of a single family home is the American dream. A foreclosure in effect destroys that dream. Families facing foreclosure are apprehensive with regard to how they will deal with this situation. The threat of having your home sold and being forced out of your home is not something a family looks forward to. However, when a bank initiates a foreclosure lawsuit the homeowners have an opportunity to present their case in front of a judge. Since the foreclosure crisis laws have been enacted in New York State to encourage good faith settlement negotiations between financial institutions and homeowners. It gives homeowners an opportunity to consider all forms of loss mitigation. This includes having the homeowners obtain a reasonable mortgage modification.

Chapter 13 Bankruptcy

Bankruptcies are brought in federal courts. Upon filing of a Chapter 13 bankruptcy the federal bankruptcy court issues a stay stopping all legal proceedings in the state court. The state court foreclosure action is frozen. Your house will not be sold. A Chapter 13 bankruptcy allows you to reorganize your finances, establish a plan to catch up on your mortgage and it keeps you and your family in your home.

Stopping the Foreclosure from Moving Forward

While the homeowner is pursuing loss mitigation options including obtaining a mortgage modification, the foreclosure lawsuit must also be dealt with. This will require the homeowner to retain experienced legal counsel to put in an answer to the summons and complaint. The summons and complaint must be responded to in 20 days if the homeowner is personally served or 30 days if they are served by any other means other than having the summons and complaint put in their hands. If the homeowners do not put a written response in to opposing counsel and file that response with the court within a timely manner the lender will be able to obtain a default judgment against the homeowner. This means the homeowner will lose their opportunity to deny the allegations and pursue their claims against the financial institution. A default judgment will have the impact of reducing the time frame the homeowners have to pursue alternatives to the sale of their home and the homeowners being forced from their home.

Foreclosure Strategies

The best way to deal with a foreclosure litigation is take an aggressive posture. This means not only responding to the allegations in the complaint but counter-suing the financial institution to set the mortgage aside. This type of action gives the homeowners some leverage during the course of the mortgage modification process.

Attorney Elliot Schlissel

Conclusion

If you are facing foreclosure it is strongly recommended your retain an experienced foreclosure defense law firm as soon as you are served with paperwork staring the foreclosure lawsuit.

Elliot S. Schlissel, his partner Nathan D. DeCorpo, and his associates, having been fighting foreclosure lawsuits throughout the Metropolitan New York area for more than 45 years. The firm maintains offices in Nassau, Suffolk and Queens Counties and can be reached at 800-344-6431 or by e-mail at Elliot@sdnylaw.com for the purpose of setting up a free consultation regarding foreclosure issues.

Filed Under: Mortgage Modification Tagged With: mortgage modification

Predatory Lending

April 16, 2018 by Elliot S. Schlissel

Predatory lending refers to misleading, fraudulent and/or unfair mortgage practices that financial institutions sometimes engage in during the loan origination process. When financial institutions engage in these practices it can create loan terms with the homeowners which are unreasonable and benefit the financial institution at the expense of the homeowner. Predatory lending involves practices which take advantage of the homeowner and financially benefits the lender.

Low Income Borrowers, Minorities and the Elderly

Low income borrowers, the elderly and minorities are more often at risk for predatory lending practices involving subprime loans than other potential homeowners. Sometimes predatory lending involves charging excessive and unnecessary fees and expenses. In other situations, predatory lenders may add on unnecessary insurance to the cost of the mortgage loan. Excessive pre-payment penalties also are a type of predatory lending practice.

Victimized by a Predatory Lending Institution

If you and your family have been victimized by predatory lending practices you may be entitled to legal relief. It is strongly suggested you contact a foreclosure lawyer to review the circumstances involved regarding your mortgage and advise you whether you have a basis for legal action to deal with this issue.

The law office of Schlissel DeCorpo LLP has been litigating predatory lending issues and other foreclosure defenses for more than 45 years. We offer free consultations and can be reached at 516-561-6645, 718-350-2802 or 631-319-8262. We can be e-mailed at Elliot@sdnylaw.com.

Filed Under: Mortgages, Predatory Lending

VIDEO: Home Sold When It Wasn’t Supposed to Be Sold

March 2, 2018 by Elliot S. Schlissel

Elliot discusses a case in which a home was sold when it wasn’t supposed to be.

Filed Under: Foreclosure

Predatory Lending as a Defense in Foreclosure Proceedings

February 16, 2018 by Elliot S. Schlissel

Predatory lending refers to a variety of unfair or deceptive practices sometimes engaged in by financial institutions. Financial institutions that engage in predatory lending often target low income individuals, the elderly, and minority individuals who are concerned they will not be able to secure a mortgage. Predatory lending is against the law in the State of New York.

Tactics Used by Predatory Lenders

There are a variety of indicators that an individual has been a victim of predatory lending. The following is a list of some predatory lending tactics:

Guaranteed loan approvals without credit checks;
Pressuring homeowners to sign documents without giving them enough time to carefully review these documents;
Door-to-door solicitations.

Predatory Lending a Defense to Foreclosure Cases

If you have been the subject of predatory lending you may have a legal defense in the event your home goes into foreclosure. The courts in New York have dismissed foreclosure cases based on lenders being involved with predatory lending tactics. The New York Banking Law prohibits lenders from engaging in: “High cost home loans”.

Fighting Predatory Lending Mortgages

The foreclosure lawyers at of Schlissel DeCorpo LLP for more than 3 decades have been representing homeowners who have been the subject of predatory lending. Feel free to contact our Nassau, Suffolk or Queens offices at the following phone numbers to discuss your situation: 516-561-6645, 631-319-8262 and 718-350-2802. My e-mail address is: Elliot@sdnylaw.com.

Filed Under: Foreclosure, Foreclosure Defense, Predatory Lending

Foreclose Action Dismissed and Mortgage Cancelled!

January 3, 2018 by Elliot S. Schlissel

People negotiating a contract.

In a case from upstate New York Justice Phillip Rumsey sitting in the Supreme Court entered an order dismissing a foreclosure lawsuit brought by Citibank. In addition, he removed the mortgage from the homeowners’ property.

Citibank had initiated a foreclosure lawsuit against the Bravos. The homeowners claimed as their defense that Citibank did not have standing to bring this lawsuit because they were not the holder of the note on their property. Justice Phillip Rumsey had granted an order precluding Citibank from offering any evidence at trial of the homeowners’ indebtedness. In addition, he also precluded them from offering evidence they were the current holder of the note.

Citibank Appeals

Citibank brought an appeal to the Appellate Division. The Appeals Court found that Citibank had engaged in a pattern of conduct giving rise to an inference of willfulness sufficient for Judge Rumsey to impose a preclusion sanctions order.

The Homeowners Strike Back

Attorney Elliot Schlissel The homeowners thereafter moved for summary judgment dismissing Citibank’s foreclosure lawsuit and they asked that the court discharge and cancel the mortgage by Citibank against their property. The homeowners claimed the preclusion order would prevent Citibank from establishing evidence necessary to allow Citibank’s foreclosure to move forward. Justice Rumsey noted the defendants’ argument was correct. Citibank would be prevented from establishing the material elements necessary in their mortgage foreclosure case. They could not establish their ownership of the debt.

Justice Rumsey granted the homeowners’ summary judgment motion and dismissed the foreclosure lawsuit. In addition, he granted the homeowners’ request for an order removing the mortgage from their home.

Conclusion

Justice Rumsey is a judge from upstate New York who punishes banks who act improperly in their dealings with homeowners regarding their mortgages.

Filed Under: Foreclosure Defense

Financial Difficulties

What Loan Modification Can Accomplish

Scams Concerning Deeds

Other Types of Foreclosure Scams

Law Firms

Bad Faith

Loan Modification Application Process

Conclusion

Legal Action to Stop the Foreclosure Sale

Chapter 13 and Chapter 11 Bankruptcies

Mortgage Modification

Litigating the Foreclosure Lawsuit

Foreclosure Sale

Types of Bankruptcies

Don’t Give Up

Chapter 13 Bankruptcy

Stopping the Foreclosure from Moving Forward

Foreclosure Strategies

Conclusion

Low Income Borrowers, Minorities and the Elderly

Victimized by a Predatory Lending Institution

Tactics Used by Predatory Lenders

Predatory Lending a Defense to Foreclosure Cases

Fighting Predatory Lending Mortgages

Citibank Appeals

The Homeowners Strike Back

Conclusion

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