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You’re not powerless when facing foreclosure. New York’s foreclosure process takes an average of 445 days, giving you time to fight back with the right legal strategy.
We help Kips Bay homeowners challenge foreclosure proceedings, negotiate loan modifications, and explore every available option to save their homes. Our clients stay in their properties while we work to resolve their cases—often for months or even years.
The banks have teams of lawyers. You need someone in your corner who knows how to level the playing field and protect what matters most to you.
We have been defending homeowners across Long Island and New York City for years. We understand the unique challenges facing Kips Bay residents, where over 27% of housing units are owner-occupied and many homeowners are dealing with rising costs in an expensive market.
Our firm specializes in foreclosure defense, bankruptcy law, and debt collection services. We know the local courts, understand New York’s complex foreclosure laws, and have multiple office locations to serve you conveniently.
When your home is on the line, experience matters. We’ve helped countless homeowners navigate the foreclosure process and find solutions that work.
First, we review your foreclosure documents and mortgage paperwork to identify any procedural errors or violations. Banks must comply with New York State and federal laws throughout the foreclosure process, and mistakes can stop or delay proceedings.
Next, we file your formal response to the foreclosure complaint. You have 20 days to respond if served personally, or 30 days if served by other means. This isn’t optional—it’s your legal right and your first line of defense.
Then we prepare for the mandatory settlement conference, where we negotiate directly with your lender. New York requires lenders to meet with homeowners at least twice to attempt settlement. This is where loan modifications, payment plans, and other alternatives get worked out.
Throughout the process, we keep you informed and in your home while exploring every possible solution to resolve your case favorably.
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Our foreclosure defense services cover every aspect of your case. We handle document review, legal research, court filings, settlement negotiations, and trial representation if necessary.
For Kips Bay homeowners, we understand the local market dynamics. The neighborhood attracts residents with its relatively low rents and housing prices, but even affordable areas can become unaffordable when financial hardship strikes.
We also coordinate with bankruptcy proceedings when appropriate. Bankruptcy can halt the foreclosure process, giving you breathing room to reorganize your finances. Our experience with Chapter 7, 11, and 13 cases means we can evaluate all your options.
Whether you’re dealing with missed payments, facing a foreclosure summons, or already in settlement conferences, we provide the aggressive legal representation you need to protect your home and your rights.
The foreclosure process in New York currently takes about 445 days (15 months) from the first missed payment to the sale of the home. However, this timeline can extend significantly with proper legal defense.
Many foreclosure cases take months or even years to resolve, with some lasting three or four years depending on the defenses raised. New York has one of the longest foreclosure timelines in the country, averaging 1,910 days according to recent data.
The key is acting quickly when you receive foreclosure notices. The longer timeline in New York is actually an advantage for homeowners who get proper legal representation early in the process.
Yes, you can remain in your home throughout most of the foreclosure process. While we are fighting to defend your property, you will be given space to stay in your home.
You are allowed to remain in your home until the date of the auction or until the title is transferred to a new owner. This gives you months or potentially years to work on resolving your situation.
Due to the high volume of foreclosure proceedings in the New York area, cases can take a year or two to progress from start to finish, and the process moves much slower when you have an attorney defending you. This time is valuable for exploring loan modifications, refinancing options, or other alternatives.
After the foreclosure complaint is served, the court schedules a settlement conference within 60 days where you meet with a representative of the lender to discuss lowering your payments and overall loan amount.
New York mandates that lenders meet with homeowners at least twice to attempt settlement. These conferences can involve mediation or negotiations between attorneys and can result in loan modifications, short sales, or deeds in lieu of foreclosure.
You need to bring proof of income such as two recent pay stubs and your income tax return. This is your opportunity to present your financial situation and work out a solution that lets you keep your home. Having an experienced foreclosure attorney represent you at these conferences significantly improves your chances of reaching a favorable agreement.
The defenses to foreclosure proceedings are technical in nature and include issues concerning predatory lending practices. Besides numerous defenses in an answer to foreclosure, it’s also possible to counter-sue the bank.
Common defenses include the lender’s unjust behavior, failure to comply with NY laws, and other important facts that can sway a foreclosure decision. Challenging whether your mortgage lender can produce the mortgage note is one defense, though New York law now requires note production in every case.
More complex defenses like alleging predatory lending can require multiple court hearings and complicated legal arguments, but these can significantly extend your case timeline. Each case is unique, and we can identify which defenses apply to your specific situation.
Potentially, yes. When a foreclosure sale doesn’t cover the total loan amount, the difference is called a deficiency balance. New York laws allow lenders to seek a deficiency judgment, meaning you could lose your home and still owe money.
When a home is foreclosed, the total debt usually exceeds the foreclosure price. The homeowner may have to pay the remaining deficiency amount, and lenders can collect this by garnishing wages or levying bank accounts.
New York allows deficiency judgments, though the court will re-estimate the property’s value to determine the actual amount owed. This is another reason why fighting foreclosure with experienced legal counsel is so important—we can challenge these judgments and protect you from owing additional money after losing your home.
Time is critical when you receive foreclosure documents. If you are served with a foreclosure summons and complaint personally, you have 20 days to respond. If served through alternate means, you have 30 days to respond.
Calling the attorney who served the papers is not a valid response. You must file a formal answer responding to each allegation in the complaint and assert any defenses. The verified answer must be acknowledged before a notary and served on opposing counsel and the court.
Many people believe they can defend foreclosure without an attorney, but costly mistakes early in the process can hurt your chances of keeping your home. Everyone should consult with an attorney to ensure their rights are fully protected. Don’t wait—contact us immediately upon receiving any foreclosure documents.
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