Once you have been served with a summons and complaint in a foreclosure action, it is vital to respond, preferably with the assistance of an experienced foreclosure attorney.
No matter how far behind you are on payments, there are many legal protections for homeowners in foreclosure that a layperson might not be aware of. The bank’s failure to abide by these protections provides defenses in foreclosure actions that should be asserted.
If you fail to respond to the lawsuit, you give up the right to make the bank prove its case. Don’t let this happen. Protect your rights by contacting experienced foreclosure defense attorney Gail M. Blasie to help you navigate this critical process and assert all the rights available to you.
Rights of Homeowners in Foreclosure
After filing an answer, the homeowner will be scheduled for a foreclosure settlement conference. Both parties, with the assistance of an experienced referee, will attempt to save your home and prevent foreclosure. Options may include exploring a loan modification, a discounted payoff, a short sale, or a deed in lieu of foreclosure.
If we cannot resolve the foreclosure at the settlement stage, we will contest the bank’s motions for summary judgment and judgment of foreclosure and sale. It is crucial to respond to these motions; failure to do so may preclude you from asserting viable defenses and will expedite the foreclosure process.
Capitalizing on the Bank’s Mistakes
An experienced foreclosure attorney, such as Gail M. Blasie, can identify numerous mistakes and missteps made by banks or servicers. These may include expired statutes of limitations due to repeated prior filings, lack of standing by the plaintiff to bring the lawsuit, and improperly served or drafted RPAPL 1304 Notices. Additionally, motions must be supported by admissible evidence. These factors can be essential in defeating the bank’s motions and the lawsuit itself.
Gail M. Blasie has successfully had mortgages discharged due to errors made by banks or servicers. By vigorously defending against the action, we can also help you stay in your home for as long as possible.
An experienced foreclosure attorney can identify mistakes made by banks through several methods:
1. Reviewing Documentation
- Legal Filings: An attorney examines the summons, complaint, and other court documents to check for procedural errors or missing information.
- Loan Documents: They analyze the terms of the mortgage, including any discrepancies in the loan terms, interest rates, or payment history.
2. Assessing Compliance with Legal Regulations
- Statutory Requirements: They ensure that banks comply with state laws governing foreclosure proceedings, such as mandatory compliance with RPAPL 1304 Notices and Notices To Tenants.
3. Analyzing the Bank’s Standing
- Proof of Ownership: They check if the bank can prove it owns the loan and has the legal standing to foreclose, looking for proper assignments of the mortgage.
- Chain of Title: Reviewing the chain of title can reveal if the bank has transferred the mortgage correctly throughout its ownership.
4. Identifying Errors in the Foreclosure Process
- Improper Procedures: They evaluate whether the bank followed necessary legal procedures during the foreclosure process, including filing deadlines and required court appearances.
- Admissible Evidence: An attorney assesses whether the documents presented by the bank meet evidentiary standards, which can include checking for authenticity and proper notarization.
5. Looking for Procedural Missteps
- Statute of Limitations: They ensure that the foreclosure action is initiated within the appropriate time frame, as delays can invalidate the case.
- Failure to Negotiate in Good Faith: They ensure the bank negotiates settlement possibilities in good faith.
Conducting Legal Research
- Case Law: Attorneys stay updated on relevant case law to identify precedents that may affect the validity of the foreclosure action.
- Regulatory Changes: Keeping abreast of any changes in foreclosure laws can help identify potential defenses.
By employing these strategies, an experienced foreclosure attorney can uncover mistakes made by banks or servicers, allowing for a robust defense and potential resolutions in favor of the homeowner.
Knowledge is Power
A foreclosure lawsuit – coupled with the fear of losing your home – can produce significant worry and anxiety. By retaining a well-established, experienced foreclosure attorney, you can minimize that anxiety, knowing that your attorney is doing everything possible to defend you and save your home or ensure that you remain there as long as possible. Do not attempt to navigate this process on your own.