Should I Defend the Foreclosure Action?

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The Foreclosure Action Should Always Be Vigorously Defended Since Foreclosure Defense Allows the Time and Leverage Needed to Seek a Potential Resolution

Foreclosure Defense uses litigation strategies to allow homeowners to assert their rights and oppose a foreclosure proceeding. It is important for homeowners in foreclosure to defend the foreclosure in order to avoid default and to assert  rights which otherwise may be effectively lost or “waived”. The homeowner’s defense causes the foreclosure to become contested litigation that will take longer and be more difficult for the mortgage holder. The goal of the homeowner is usually to have more time and leverage in seeking a resolution with their mortgage holder.

• Advantages in Defending the Foreclosure Action
• Disadvantages in Not Defending the Foreclosure Action
• Opportunities in The Foreclosure Action to Defending the Litigation
• Requirements in Defending the Foreclosure Litigation
• Alternatives to Defending the Foreclosure Litigation
• Why Use Our Office to Defend the Foreclosure Litigation

1. Advantages in Defending the Foreclosure Action

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

2. Disadvantages in Not Defending the Foreclosure Action

Unless these defenses are timely asserted, there is a risk that such defenses may be waived or lost to the defendant.

3. Opportunities in The Foreclosure Action to Defending the Litigation

For more detailed information about Foreclosure Defense and how it can help you in your situation, please click here. 

1. Opportunities to Defend the Foreclosure Action
a. Answer and Counter Claims
b. The Effort to Obtain Discovery
c. Opposition to Motion for Summary Judgment
d. Opposition to Motion for Judgment of Foreclosure and Sale
e. Opposition to Notice of Computation or at Referee Hearing
f. Order to Show Cause to Stay Foreclosure Sale – As the foreclosure litigation progresses the Plaintiff’s other papers, including the Motion for Summary Judgment, can be opposed by our office. 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.

4. Requirements in Defending the Foreclosure Litigation

Our law firm can represent 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. We initially file customized, detailed and comprehensive answers with counterclaims, as well as discovery demands and a notice of appearance in the foreclosure action.  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.
Such answer is one out of several documents that are usually filed as part of a foreclosure defense. Other documents include a notice of appearance, discovery demands, a motion to dismiss, if applicable, and a response to a motion for summary judgment. We also attend foreclosure conferences on your behalf and help coordinate the discussions and the documents given to the plaintiff’s attorneys at such conferences.

5. Alternatives to Defending the Foreclosure Litigation

a. Negotiation Options –

b. Modification Options –

c. Real Estate Options _

d. Bankruptcy Options

6. Why Use Our Office to Defend the Foreclosure Litigation

 If you are considering defending the foreclosure litigation, you need representation from a law firm, like the Law Office of Ronald D. Weiss, P.C. that is dedicated to this area of practice. 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.

Foreclosure Defense can be involved and lengthy  and requires special knowledge and expertise. The Law Office of Ronald D. Weiss, P.C.  regularly represents its Long Island and New York clients in Foreclosure cases before the Supreme Court for the State of New York in both Suffolk County and Nassau County and can review with you issues relevant to defending your home from foreclosure.
Please call us at (631) 271-3737, or e-mail us at [email protected] for a free consultation with an attorney, at our Melville, Long Island law office to discuss Foreclosure Defense options in greater detail.