One
method of addressing a foreclosure proceeding is
to defend the foreclosure litigation. Our law firm
can assist you right from the start by answering
the initial summons and complaint. Considering that
20-30 days from the date of service an answer and/or
motion to dismiss is due, it is imperative to file
a timely response. Such answer is one out of several
documents that are usually filed as part of a foreclosure
defense. Other documents include a motion to dismiss,
if applicable, and a response to a motion for summary
judgment. If the client retains the Law Office of
Ronald D. Weiss in the early stages of the foreclosure,
the Plaintiff's Summons and Complaint can be answered
and other documents responded to, resulting in a
contested proceeding that will protect the client's
rights, allow the client to receive all notices and
documents, and enlarge the time necessary for the
mortgage holder to proceed with its foreclosure case.
Even if you are past the 20-30 days available to
answer after receipt of service of the Summons and
Complaint, the Law Office of Ronald D. Weiss P.C.
can move to enlarge such time under appropriate circumstances.
As the foreclosure litigation progresses the Plaintiff's
other papers, including the Motion for Summary Judgment,
can be opposed. Moreover, even when the foreclosure
proceeding is nearing an end, there are still available
options such as preparing an Order to Show Cause
in an attempt to stay the foreclosure sale and/or
the transfer of the deed. If you are considering
defending the foreclosure litigation, you need representation
from a law firm that is dedicated to this area of
practice. Effective strategies are contesting service
of process where our client was not properly served
with the summons and complaint and asking for discovery
in terms of disclosure documents from the closing
where there are questions as to proper disclosure.
Also in many cases demanding that the Plaintiff produce
original loan documents which they may lack and which
some courts have viewed as necessary to pursue the
action.
If you desire to defend the foreclosure action and
have been in foreclosure for over one year and/or
have a foreclosure sale date, you may need to proceed
by emergency
Order to Show Cause in order to assert
your rights and have a possibility to stay the
foreclosure action and/or foreclosure sale. If
so, please make reference to the Section dealing
with "Orders to
Show Cause" and please contact us to discuss
your options
You
need to exercise your right to assert any defenses
regarding either the foreclosure proceeding or any
other issues that involve the mortgage. Defending
the foreclosure action allows you the opportunity
to assert any defenses, either technical or substantive,
involving the foreclosure proceeding, the mortgage
holder's conduct and/or any issues that involve the
mortgage itself. Legal defenses can delay the foreclosure
proceeding and allow more time to explore alternative
solutions, and potentially threaten the dismissal
of the foreclosure action. Many times, our firm can
identify possible issues that would create a strong
defense and threaten the dismissal of the foreclosure
action. The best chance you have for success is to
retain the services of our law firm immediately upon
initiation of a foreclosure proceeding. Even if you
think it is too late, it may not be. We may, if needed,make
a motion to extend the time to file an answer in
certain situations where the time has expired.
If you have been in a foreclosure proceeding for
over a year and/or if there is a foreclosure sale
presently scheduled for your property, you may need
to act immediately since time is of the essence.
One way of quickly obtaining relief in State Supreme
Court is to retain an attorney to file an Emergency
Order to Show Cause to Stay the Foreclosure Sale
and/or to Vacate the Judgment of Foreclosure and
Sale. An Order to Show Cause not only asks the Court
to immediately schedule an expedited hearing as to
the requested relief, but it also asks the Court
to stay proceedings including a foreclosure sale
date pending the hearing and decision of the Court
as to the Order to Show Cause.
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