Manhasset Foreclosure Defense

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Assisting Homeowners Find Solutions to Avoid Foreclosure in the Manhasset Area

The secret is out that Manhasset is a great place to live. With its proximity and easy commute to New York City, its natural beauty, top-rated schools, and many amenities, more and more people are moving to the Manhasset area with their families. The real estate prices reflect this trend, as the median sale price of homes as of 2017 was $1,510,000. The median price has increased nearly $400,000 in the last five years, showing people are willing to spend more money to live in this highly sought-after location.
However, many Manhasset homeowners may pay more attention to their location desires than to their realistic budgets. Some homeowners purchase a home, then lose a job or experience other financial hardships that make it difficult—or impossible—to pay their mortgage. Others may still be struggling with the consequences of an interest-only loan, adjustable rate mortgage, or another subprime mortgage approved prior to the housing crash. In any event, many people in Manhasset and throughout Nassau County may find themselves behind on their mortgage payments and at risk of losing their homes to foreclosure.
Receiving notice of an impending or existing foreclosure action can be extremely stressful. Many homeowners are unaware of their rights and options in this situation and may believe they will automatically lose their homes. This is not the case, as a highly skilled Manhasset foreclosure defense attorney can use many different strategies to help homeowners keep their homes.
If you are behind on your mortgage or need to defend against a foreclosure, please call The Law Office of Ronald D. Weiss, P.C.  at 631-271-3737 or contact us online as soon as possible.

Answering a Foreclosure

If you receive notice of a foreclosure filing and a summons to court, you should never ignore it. Many people may be in denial about the reality of losing their homes and do not even respond to a foreclosure petition or appear in court, resulting in a default foreclosure judgment against them. In actuality, those unfortunate homeowners likely had many options to keep their home if they had handled the matter in the proper manner.
The first step for a homeowner in a foreclosure case is to file an answer to the complaint, as well as a motion to dismiss the case if appropriate. This answer should carefully set forth and support affirmative defenses and counterclaims, and may contain multiple complex legal arguments and the basis for those arguments. You only have a limited time to file an answer—20 to 30 days—so you should contact an attorney immediately to begin preparing your answer as soon as possible. Our law firm will analyze the circumstances of your case and identify any possible technical or substantive challenges to the foreclosure action. These documents establish that you are contesting the foreclosure instead of simply accepting it, which gives you many additional rights throughout the legal process. After your answer is filed, a period of discovery follows when your attorney can gather additional information and evidence to support your defense.

Defenses to Foreclosure

Many homeowners facing foreclosure do not realize there are several ways to challenge the claim. Mortgage lenders must follow procedures and meet requirements in order to file a successful foreclosure action. If the bank failed to adhere to proper procedures and deadlines, or failed to file proper documentation, your attorney can argue that the case should be dismissed. This includes filing a claim after the statute of limitations has expired or not possessing the mortgage note and other documents to prove ownership of the loan and standing to seek a foreclosure.
 Defenses can also be based on mistakes made by the lender, which may include:

• Account errors that made it appear you were in default when you made the payments.
• Charging you excessive or unauthorized fees.
• Breaching the mortgage contract in any manner.
• Overstating the requirements for mortgage reinstatement.
• Filing a foreclosure during a pending loan modification or avoidance option, called “dual-tracking.”

If a mortgage lender engaged in abusive or fraudulent lending behaviors, you may also be able to file a counterclaim to seek damages for the harm caused to you.
Foreclosure defenses are highly technical and closely tied to New York foreclosure laws and requirements. You need an attorney who fully comprehends these laws and who can identify, present, and prove all possible defenses and counterclaims in your case.

Settlement Conferences

To respond to the foreclosure crisis, New York enacted laws requiring lenders in foreclosure cases to attend mandatory settlement conferences with homeowners prior to obtaining a foreclosure. These settlement conferences are critical opportunities because they frequently result in an alternative agreement that avoids a foreclosure. You have the opportunity to meet face-to-face with a representative of the lender authorized to negotiate for a foreclosure avoidance option, which may include:

• Mortgage loan modification
• Short sale
• Forbearance agreement
• Deed in lieu of foreclosure

Settlement conferences must take place within 60 days of serving the notice of foreclosure. You should bring specific documents to the conference and come prepared with knowledge of your options. You should have the assistance of an attorney to help you prepare for the settlement conference, as well as to represent you at the conference itself. An experienced attorney will be able to identify the best options for foreclosure avoidance in your situation and make strong arguments in your favor to reach an agreement.
Mortgage loan modifications are a common solution reached in settlement conferences. A modification can adjust your interest rate, increase the loan duration, or otherwise modify the terms to decrease your payment to a manageable amount based on your financial situation. Often, a modification allows homeowners to catch up on payments and remain current so they do not have to face a foreclosure.
These are only a few of the key aspects of foreclosure defense in New York. The entire process is a complicated judicial proceeding that only a skilled local bankruptcy attorney can help you navigate. The best step you can take to protect your homeownership rights is to contact a law firm that practices foreclosure defense in Nassau County. Our law firm can help you from the very start of your case, until the final resolution. We have successfully defended many clients facing foreclosure, and we can help you keep your home too.

Do Not Delay in Calling Our Manhasset Foreclosure Defense Law Firm

Defending against a foreclosure can be a lengthy and complex process, involving many laws and legal strategies. You need a lawyer who regularly handles these cases in Nassau County and who understands how the foreclosure litigation process works.
The Law Office of Ronald D. Weiss, P.C. regularly finds solutions that allow homeowners to retain ownership and become current on their mortgages. You do not have to be facing an active foreclosure claim for our office to assist you. We regularly help find debt relief and loan modification options for people who may be falling behind on their bills and want to avoid a foreclosure filing in the first place. We have extensive experience in debt relief, bankruptcy, mortgage modifications, and foreclosure defense. We have the legal skills and expertise to help our clients gain control of their financial situations.
Please call 631-271-3737 or contact us online to discuss the many ways we can help you if you are facing a foreclosure. Your consultation is free and may be the start of a new financial life for you.