Chat Banner

Can We Help You?

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.

Justice Department and Attorney General Investigations

The Justice Department and the Attorney Generals in all 50 states are investigating fraud and improprieties of banks, mortgage companies and financial institutions related to foreclosure proceedings.There are approximately 33 million mortgages in the United States that could possibly be subject to litigation as to who is the appropriate owner of the mortgages, who made the transfers from one institution to another of these mortgages and who has personal knowledge of the information and facts maintained in these mortgages.

There are concerns that borrowers don’t know who they should be making their mortgage payments to.  The financial institutions are nervous that judges will stop foreclosures proceedings even where the borrowers aren’t making payments.  There are already cases where more than one bank has tried to foreclose on the same property.

Disruptions in the Housing Market

The foreclosure and mortgage crisis in the United States are causing significant disruptions in the housing market.  For the economy in the United States to turn around, for employers to start generating jobs for the unemployed and for the banking industry to stabilize, the foreclosure and mortgage crisis must be dealt with expeditiously.

Foreclosure Defense Attorneys

The foreclosure defense attorneys at the Law Offices of Schlissel DeCorpo have been representing homeowners in foreclosure proceedings for more than twenty years.  Our office takes an aggressive stand in these proceedings.  We often counter-sue the financial institutions because of their failure to fulfill all of their responsibilities to comply with various statutes and regulations.  Our office attends foreclosure conferences in court on behalf of our clients.  We assist our clients in mortgage modifications.  We discuss with our clients the problems concerning mortgage modification programs.  We actively pursue foreclosure defenses for our clients.  We also discuss with our clients defective foreclosure lawsuits and issues concerning predatory lending.

If your house is being foreclosed, we are the foreclosure defense attorneys for you.  Call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Housing Crisis Has Nightmare Scenarios

Foreclosure DefenseThere is currently a national scandal involving the “robo-signing” of foreclosure documents by personnel of financial institutions. There is concern that the foreclosure predicament resulting from the mortgage crisis in this country may destabilize the American financial system.

The Troubled Asset Relief Program, more commonly referred to as TARP, was set up to deal with the bank crisis in the United States related to the banking industry over-extending itself concerning residential mortgages. The Congressional Oversight Panel is the watchdog agency designed to monitor the TARP program. Recently, the Congressional Oversight Panel has been issuing warnings that the problems involving the servicing of foreclosures in the United States could create global economic problems.

The Congressional Oversight Panel is concerned that banks may not be able to prove they own the mortgage loans that they seek to bring foreclosure proceedings on.

In recent months, foreclosure proceedings have actually gone down. This is not related to homeowners making their mortgage payments; it is instead related to lenders temporarily stopping their foreclosure proceedings due to allegations of mishandling and fraud in thousands of cases.

Homeowners being unable to make their mortgage payments and the huge volume of foreclosures in the United States are significant factors in preventing the United States from having an economic recovery. The foreclosure crisis relates to banks giving mortgages to hundreds of thousands of individuals who basically could not afford to make the payments on their mortgages.

About Our Law Firm

The Law Offices of Schlissel DeCorpo is a general practice law firm that has extensive experience in handling foreclosure defense. In addition to foreclosure defense, our office handles litigation concerning defective foreclosure lawsuits. We also assist our clients in Chapter 7 and Chapter 13 bankruptcies as well as preparing and submitting mortgage modifications> on their behalf. Should you have a problem, feel free to contact us. Our phones are answered 24 hours per day, 7 days per week. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

Alleged Mortgage Scams Target Seniors

The attorney general for the state of Texas has recently filed suit against Enhanced Mortgage Corporation and Templeton Mortgage Company.  The lawsuit claims the companies fraudulently targeted senior citizens and other individuals not experienced in real estate transactions.  The firms were accused of telling senior citizens who owned property that they would receive up-front cash for their land.  Unfortunately for the seniors, they were not paid the amount of money promised and the payments were not made on the time schedule as agreed.The Texas attorney general is requesting damages in the amount of $20,000.00 for each and every violation of the “Texas Deceptive Trade Practices Act”.  The Texas attorney general has stated that it is one of many mortgage scams in the United States.

The mortgage companies chose to use owner-financed mortgages in their scams.  These are mortgages that the buyer obtains directly from the former owner instead of going to a financial institution mortgage company or bank.

There are more than 75 lawsuits currently pending against Enhanced Mortgage Corporation and Templeton Mortgage Company.  The Texas Attorney General has advised property owners who believe they have been fraudulently scammed out of assets to call the office of the attorney general toll free at 1-800-252-8011 to file a complaint.  Complaints can also be filed against these mortgage companies online.

About Our Firm

For more than two decades, our office has been representing individuals concerning mortgage issues.  We help our clients obtain mortgage modifications.  When mortgages go bad, we represent our clients in foreclosure defense.  We represent our clients at foreclosure conferences.  We litigate defective foreclosure proceedings as well as predatory lending issues.  We help our clients stay in their homes!

Should you, a friend, or family member be subject to a foreclosure proceeding, call us.  We can save your home! Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

Home Ownership Hits Lowest Level in a Decade

There is weak demand for purchasing homes in the United States.  At the same time, banks have taken a very conservative approach with regard to giving new mortgages to perspective home owners.  There are also record amounts of homes going into foreclosure in the United States.Currently, 66.9% of the households in the United States own their own home.  This is the lowest percentage of home ownerships in the United States in the last 10 years.

There are currently approximately 19 million homes, or 14.4% of all homes and apartments in the United States, that are unoccupied.  During the past five years, there has been a significant increase in the amount of homes that have remained unoccupied.

Foreclosure Crisis

The foreclosure crisis in the United States has significantly added to the number of homes that are either unoccupied, in foreclosure or have been taken over by the bank.  The real estate market in the United States is based on supply and demand.  There is currently a large supply of homes that people seek to sell or that have been taken over by banks in foreclosure situations.  The demand by individuals to purchase these homes is not in sync with the supply.  This causes a reduction in the prices of houses being sold.

About Our Law Firm

The Law Offices of Schlissel DeCorpo is a general practice law firm that has extensive experience in handling foreclosure defense.  In addition to foreclosure defense, our office handles litigation concerning defective foreclosure lawsuits.  We also assist our clients in Chapter 7 and Chapter 13 bankruptcies, as well as preparing and submitting mortgage modifications on their behalf.  Should you have a problem, feel free to contact us.  Our phones are answered 24 hours per day, 7 days per week.  Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802, or contact us by email.

Foreclosure Papers Need To Be Verified By Attorneys

The Chief Judge of The State of New York , Judge Litman, has recently commented  about a new court rule. The court rule requires attorneys for financial institutions to file an affirmation that they have taken all reasonable steps to verify the accuracy of courts papers that they file in support of residential foreclosure proceedings.

This new court rule is an outgrowth of the problems concerning the accuracy of court documents in foreclosure proceedings in New York State. Chief Judge Jonathan Litman  said “we have an obligation to make sure the attorneys do their do diligence and come to us with credible papers because the consequences of wrongful foreclosures are so great”.

Verification Under Penalties Of Perjury

All future court papers in foreclosure proceedings have to be verified by attorneys
under penalties of perjury. The attorneys must make a diligent inquiry as to the accuracy and truthfulness of said documents. Attorneys must attest “to the best of my knowledge upon information and belief, the summons and complaint and all the documents filed in support of this action for foreclosure are complete and accurate in all relevant respects”.

The intent of this new statue is to deal with problems with regard to financial institution filing inaccurate or bogus notarized affidavits signed by “robo signers”. The courts seek to avoid the wrongful filing and prosecution of foreclosure proceedings.

Investigations are continuing in all 50 states and the District of Colombia with regard to whether the mortgage companies have violated state laws concerning the foreclosure proceedings.

Its hopeful that these new procedures set forth by the administrative judge will deal with some of the inaccuracies and false documents that have been that have been filed in the past in foreclosure proceedings in New York State.

About Our Firm

For more than 30 years our law firm has assisted individuals with mortgage modifications, foreclosure defense and lawsuits involving creditors. We have expertise in defending homeowners in foreclosure lawsuits. We have litigated cases involving predatory lending practices. We are also familiar with the issues involving failed mortgage modification programs. Should you, a friend or family  member be involved  in a foreclosure.  You need a foreclosure defense attorney to represent you.  Our experience in representing  individuals in all aspects of foreclosure defense including but not limited to foreclosure defenses and litigating foreclosure issues makes us one of the foremost foreclosure defense law firms in the metropolitan New York area. Feel free to call us for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431. We are available 7 days a week.

New York Law Grants Homeowners Attorneys’ Fees in Foreclosures

If you get sued by your bank in a foreclosure proceeding they always ask for attorneys fees. If the bank is successful in the foreclosure proceeding their attorneys get awarded attorneys fees. Theses attorneys fees can be substantial involving many thousands of dollars.

Up until now if a homeowner is successful in defending a foreclosure proceeding he or she get stuck paying his/her attorneys fees. However, David Patterson, the Governor of the State of New York has come to homeowners rescue.

Banks Pay Homeowners Attorneys Fees

Under a new law passed by the state legislature and signed by Governor David Patterson homeowners in foreclosure proceedings can claim  attorneys fees from  lenders. The law titled the Access to Justice in Lending Act will allow homeowners to be on the some footing as financial institutions in foreclosure proceedings. Homeowners will be entitled  to recoup all of their attorneys fees in the event they are successful against their mortgage lenders. It  is hoped that the potential of homeowners collecting attorneys fees from their financial institutions will motivate the financial  institutions to be more cooperative with regard to working out loan modification agreements with their mortgage holders.

The law  was originally opposed by the State Bankers Association.  Organizations representing  homeowners were extremely enthusiastic about the new bill. The homeowners  associations argued that the proposal would allow more homeowners to obtain legal  representation and motivate lenders to amicably resolve foreclosure proceedings.

The statute is modeled on New York Real Property Actions Proceedings Law section 234. This give tenants the right to obtain attorneys fees from landlords when landlords had a provision in their lease agreements giving them attorneys fees in eviction proceedings against tenants.

About Our Firm

For more than 30 years our law firm has assisted individuals with mortgage modifications, foreclosure defense and lawsuits involving creditors. We have expertise in defending homeowners in foreclosure lawsuits. We have litigated cases involving predatory lending practices. We are also familiar with the issues involving failed mortgage modification programs. Should you, a friend or family  member be involved  in a foreclosure. You need a foreclosure defense attorney to represent you. Our experience in representing  individuals in all aspects of foreclosure  defense including but not limited to foreclosure defenses and litigating foreclosure issues makes us one of the foremost foreclosure defense law  firms in the metropolitan New York area. Feel  free to call us for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431. We are available 7 days a week.

Foreclosures Effect Home Prices

The foreclosure mess in the United States is reeking havoc regarding the prices of single family homes. The uncertainty of the status of litigated foreclosure proceedings is depressing the market for single family homes in the United States. The problem with the foreclosure crisis in the United States is getting more and more coverage from the written press, T.V. , radio and internet outlets.

There have been numerous articles, T.V. investigative reports and disclosures concerning short cuts in paperwork and so called “robo signers of affidavits”. The state and federal investigators are now hounding the banks with regard to these procedures.

Coldwell, chief of the home ownership preservation office of the treasury,  has stated “together the two factors many excerpt downward pressure on over all housing prices both in the short and long run”.

States with the greatest concentration of foreclosures are having the most problems with home values. These states include Nevada, Florida, Arizona and California.

Banks Halts Foreclosure Proceedings

Many banks have halted all foreclosure proceedings. What is obvious in this situation is even if the foreclosure proceedings are based on faulty paperwork, the homeowners are not making their mortgage payments. Unless  mortgage modifications or
other actions are taken sooner or later the homeowners will lose their homes.

Bank Mistakes

Many homeowners claim that they have been the victims of bank mistakes, predatory lending and mortgage scams.  Numerous stories have been written about homeowners that have been taken advantage of. However the large majority of homeowners involved in buying homes and obtaining mortgages clearly  understood what they were getting into.  Unfortunately the economy went south, jobs were lost, incomes were reduced and  homeowners found themselves unable to make mortgage payments.

Hopefully banks will cooperate with mortgage modifications and the real estate market in the United States will recover.

About Our Firm

For more than 30 years our law firm has assisted individuals with mortgage modifications, foreclosure defense and lawsuits involving creditors. We have expertise in defending homeowners in foreclosure lawsuits.  We have litigated cases involving predatory lending practices. We are also familiar with the issues involving failed mortgage modification programs.  Should you, a friend or family member be involved in a foreclosure.  You need a foreclosure defense attorney to represent you. Our experience in representing  individuals in all aspects of  foreclosure defense including but not limited to foreclosure defenses and litigating foreclosure issues makes us one of the foremost foreclosure defense law firms in the metropolitan New York area. Feel free to call us for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431. We are available 7 days a week.

General’s Getting Involved In Foreclosure Mess

At this point there have been articles in newspapers, internet sites, magazines and stories on the radio and television about the foreclosure mortgage mess in the United States.  Attorney General’s in all 50 states are now involved in investigations regarding bank practices that have led to the mortgage foreclosure issues that exist in the Unites States. Situations have been uncovered involving various financial institutions where individuals signed affidavits in foreclosure proceedings that they knew nothing about. They alleged in  sworn affidavits to be presented to courts that they were  familiar with and had reviewed the paperwork and files regarding homeowners houses being placed into foreclosure proceedings. The affidavits were lies.  In some cases the individuals signing these affidavits signed as many as 15,000 affidavits in a month. Is would be physically impossible to review that many files.

Loan Modifications

The Attorney General’s hope to use their investigation to force large financial institutions and banks to be more cooperative with regard to working with homeowners concerning loan modifications.

State Action And Not Federal Action

State Attorney General’s have been in the forefront of pressuring banks and other
financial institutions with  regard  to the  problems  involving sub prime lending. The Attorney  General’s in  the  states are  much closer to these proceedings then the federal prosecutors. The states have been  much more aggressive in dealing with  the  issues of predatory lending practices.

About Our Firm

For more than 30 years our law firm has assisted individuals with mortgage modifications, foreclosure defense and lawsuits involving creditors. We have expertise in defending homeowners in foreclosure lawsuits. We have litigated cases involving predatory lending practices. We are also familiar with the issues involving failed mortgage modification programs. Should you, a friend or family  member be involved  in a foreclosure.  You need a foreclosure defense attorney to represent you.  Our experience in representing  individuals in all aspects of foreclosure defense including but not limited to foreclosure defenses and litigating foreclosure issues makes us one of the foremost foreclosure defense law  firms in the metropolitan New York area. Feel  free to call us for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431. We are available 7 days a week.

Dealing With Foreclosure Lawsuits

If your house is in foreclosure there are a variety of  ways to deal  with foreclosure proceedings.  To  start  with, you should hire an attorney and fight the foreclosure proceeding.  The attorney will present to the court a legal defense to the foreclosure proceeding. During the course of litigation you should take the appropriate action to apply for a mortgage modification. Applying for a mortgage modification is not a defense to a foreclosure proceeding.  The large majority of people who apply for mortgage modifications are turned down!!! If you have not hired an attorney to fight the foreclosure proceedings, the  lawsuit will be considered to be unopposed. It will move forward faster through the legal system.  The purpose of the foreclosure proceeding is to sell your home at auction. This will result in you being thrown out of your home.

Elliot S. Schlissel, Esq. was formerly the president of the Commercial Lawyers Conference of  New York.  During that period of  time he represented financial institutions. The knowledge he received in representing financial institutions now is utilized in assisting homeowners who are being sued by financial institutions for foreclosure on their homes. The Law Offices of Schlissel DeCorpo has numerous foreclosure defense cases pending through out the New York metropolitan area.  We have a very high success rate in holding off creditors seeking to foreclose against homeowners.  Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Also Visit – Nassau County Divorce Attorney

Foreclosure Defense in Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick and Bellmore, New York

  • viewimg1
  • viewimg1
  • viewimg2
  • banner-changes

We represent individuals throughout the New York Metropolitan area with divorce and child custody, personal injury, car accident, wrongful death, estate administration, nursing home and medicaid issues

The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your particular legal issue. This is attorney advertising.

Copyright © 2018 By The Law Offices of Schlissel DeCorpo. All Rights Reserved. Concept, Design and Hosting by GetLegal Web Development Team.