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Foreclosure Defense Attorneys

Foreclosure Court Conferences

Stopping the Foreclosure Sale

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.

Stopping the Foreclosure Sale

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 Schlisselmoving 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.

Foreclosure Strategies

deal with a foreclosure

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 Attorney Elliot Schlisselis 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!

Foreclosure Help

Foreclosure HelpThe 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 30 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.

Representing Yourself in a Foreclosure

Representing Yourself

My office has been representing homeowners in foreclosure cases for more than 35 years. Often homeowners come to me and they tell me they have been representing themselves in a foreclosure. When I ask them how they are doling, they say well we were doing fine. This means the homeowner has hit a brick wall. If you need an operation would you engage in surgery on yourself? No homeowner should ever represent themselves in a foreclosure. At a minimum they will be greatly outmatched. Financial institutions have unlimited money to hire lawyers. Lawyers who engage in foreclosure practice sue hundreds of homeowners in multiple courts throughout the Metropolitan New York area. They have extensive experience in litigating foreclosure lawsuits.

The Stubborn Homeowner

In spite of what I have indicated above, our office sees quite a few homeowners who have been litigating their own cases. A large majority have done a poor job. However, occasionally I run into bright, articulate homeowners who are actually doing a good job in representing themselves in the foreclosure lawsuit. For those homeowners I ask them several questions. How to do you plan on questioning yourself if you are on the witness stand? Can you explain to me how you can establish the foundation for presenting evidence to the court? When I ask these questions the homeowners are usually dumbfounded.

Foreclosure Defense Lawyers

Most lawyers are not familiar with the process of defending foreclosure lawsuits. The defense to a foreclosure lawsuit involves specialized pleadings. The best defense to a foreclosure case would be to prove the homeowner has made the payments. However, this is almost never the case. The defenses to foreclosure lawsuits usually deal with sophisticated statutory defenses. Truth and Lending Laws violations, violations of state and federal banking laws, failure to provide proper notice, failure to serve a summons and complaint in conformity with statutory requirements, failure to act in good faith with regard to foreclosure mortgage modification conferences, failure to provide the appropriate documents at the closing and the list of legal defenses goes on and on.

Hire an Experienced Foreclosure Defendant Lawyer

Only attorneys with intimate knowledge of the underwriting process of mortgage loans, the regulatory requirements financial institutions need to comply with and knowledge of the ins and outs of foreclosure cases can provide a specialized level of representation for homeowners. The banks hire experienced attorneys to bring their foreclosure actions. Homeowners should not rely on just any attorney to represent them. They should only hire experienced foreclosure defense lawyers with a track record of successfully representing homeowners.

Before hiring a foreclosure defense law firm ask them how many articles he or she has written regarding foreclosure cases. Our law office has been diligently litigating foreclosure lawsuits and Attorney Elliot Schlisselhelping homeowners obtain mortgage modifications for more than 30 years. We have kept hundreds of homeowners in their homes. We are available for free consultations. We pride ourselves in keeping our clients in their homes. We can be reached for a free consultation at our offices in Nassau, Suffolk and Queens Counties at: 516-561-6645, 718-350-2802 or 631-319-8262. You can also e-mail us at Elliot@sdnylaw.com.

Predatory Lending

Predatory Lending

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.

Attorney Elliot Schlissel

The law office of Schlissel DeCorpo LLP has been litigating predatory lending issues and other foreclosure defenses for more than 30 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.

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

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

Predatory Lending as a Defense in Foreclosure Proceedings

Notice of Foreclosure and House Keys

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

Attorney Elliot Schlissel

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.

Foreclose Action Dismissed and Mortgage Cancelled!

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 SchlisselThe 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.

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.

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