How to Defend a Foreclosure Action in Nassau or Suffolk County, New York

• 24 May 2019
• Foreclosure Lawyer

Let professionals show you how to defend a Foreclosure Action in Nassau or Suffolk County, New York. A place to live is something every living creature must have. It is shelter from the elements and protects from danger. Most people earn their way through life by working, and sometimes-financial stability fails. This may force them into difficulties with maintaining mortgage payments, forcing them into foreclosure situations.

It is smart to know how to defend a foreclosure action in Nassau or Suffolk County, New York. If you live in or won property in the district. It is very easy to say,” it will never happen.” However, many things force people into financial difficulty, illness, job loss, etc.

A Pre-foreclosure Before the Suit

The lienholder is required to issue a pre-foreclosure notice a minimum of 90-days before initiating legal action. In addition, five non-profit housing counselors are required as inclusion in the filing paperwork of the lawsuit. This time presents a window for saving your home.

A Few Defenses:

1. First, check your information for accuracy
2. Documents must be presented accurately
3. Discriminating practices, or closings during sales
4. Time must be allowed to pay past due amounts
5. Active military personnel qualify for stays
6. If the individual was mentally incompetent during the sale the contract is invalid

Foreclosure Facts One Should Know (in New York)

Courts have enacted laws to protect the homeowner. Knowing your rights can make all the difference in keeping your home. A home cannot be auctioned without the court’s permission. Some districts only give homeowners 30 days to pay a debt. However, people in Nassau and Suffolk’s County are fortunate in having far longer to fight for their property, even years.

Handling Summons & Court Complaints

Certainly, foreclosure is something to be concerned about. However, remember, your home cannot be sold unless the court agrees. Therefore, do not pack up and move out of fear. You have rights, staying in the home gives the chance for modified loan terms. In addition, a summons complaint must be distributed to anyone with an interest in the property, lien holders, and other concerned parties. This is filed in the district of your homes. The court will notify you and you have a time limit to answer. This is the time for your defense presentation.

If your mortgage note has bounced around to a number of lenders and the present holder cannot “produce the note” This is a defense your foreclosure defense lawyer can use to help you keep the home.

Why you need an attorney to help with the complex process of foreclosure filings and the nitty-gritty of the law.

The Radow Law Group has a foreclosure defense lawyer trained in the laws that affect the property and knows how to protect it. Your home represents years of financial and emotional investment. You have the right to defend it.

In Nassau and Suffolk County, the courts are overloaded with foreclosure cases. A mediation panel is designated to manage foreclosure cases. Do not let confusion take hold; A Radow Law Group foreclosure attorney can guide you through the maze of legal jargon so you can save your home. If the time of delinquency is under the 90-day limit, correcting the problem is less urgent. However, if things have fallen over this period legal assistance is crucial to saving your home.

Uprooting a family is a devastating experience. Whether you are relocating or going on a prolonged visit. To have this action brought on unwillingly through a foreclosure is even more devastating. Let a foreclosure defense lawyer at the Radow Law Group protect your home from the encroachment of foreclosure.