Foreclosure Defense Lawyers
If you fall behind on your mortgage payments, you will receive a notice of foreclosure, and eventually, a Summons and Complaint. Despite the common understanding of foreclosure as “getting kicked out of your home,” this is not the time to panic or despair. A foreclosure is simply a lawsuit, and by retaining experienced foreclosure defense attorneys, you will ensure yourself ample opportunity to seek a preferable alternative long before the case proceeds to the point at which you may lose your home at a foreclosure auction.
Whether it is your desire to stay in your property by reinstating your mortgage or obtaining a Loan Modification or to walk away from your property without the negative ramifications of a foreclosure by executing a Short Sale it is critical to give yourself the best opportunity possible by retaining our office to aggressively defend your foreclosure. Our foreclosure defense lawyer and attorney help you through this complex legal process. Our foreclosure defense lawyer can also file a lawsuit against your lender on your behalf if we suspect the foreclosure brought against your home is illegal. Depending on your unique situation, one or all of these options may be available to you. Therefore, as we understand how critical it is to sit down with a knowledgeable attorney and determine the best strategy early on in the foreclosure process, we offer a 100% free consultation to our potential clients.
Regardless of which strategy you decide to adopt, it is critical that you retain an attorney to defend your foreclosure immediately upon receiving a Summons and Complaint. If these papers are not responded to within 20-30 days (depending on the manner in which you were served), your lender will be able to obtain a default judgment against you. A default judgment will dramatically shorten the time available to pursue any alternative to foreclosure. At the Radow Law Group, we are experienced in executing all of the available strategies. As a result, we can begin aggressively pursuing any strategy or combination of strategies in combination with the legal defense of your foreclosure action immediately, thus improving your chances of eventually achieving a successful alternative to foreclosure.
It is also important to know that in order to fight your foreclosure, you may have to appear in court. A dedicated foreclosure defense lawyer and attorney from the Radow Law Group can provide you with the legal defense you need to fight your foreclosure and protect your rights.
The Radow Law Group has built a strong reputation for defending foreclosure actions throughout New York City and the surrounding counties based on our aggressive use of every legal defense available to our clients. A foreclosure defendant may interpose a variety of defenses to a foreclosure action. Thanks to our experience working with these defenses, our foreclosure attorneys can assist you in not only understanding each defense but also focusing on your specific situation and interests in order to determine which one best suits your individual case. By using these defenses, we can help you generate leverage with your bank, which can improve the chances of successfully settling your case.
A foreclosure can be scary. However, the looming threat of your house being sold comes hand in hand with the opportunity to take advantage of the involvement of a judge. our foreclosure attorneys are very familiar with all of the statutes and regulations enacted in the wake of the recent economic downturn to encourage good faith settlement negotiations between lenders and borrowers, and take full advantage of this knowledge wherever possible. Therefore, we are often able to request that the judge enforce these laws, which require the bank to give you a full and fair opportunity to be considered for all forms of loss mitigation, including Loan modification.
If you are facing the possibility of foreclosure, contact the Radow Law Group, P.C. today to schedule a free consultation. Our foreclosure attorneys are available at all hours to speak to you, please call 516-253-4300. We provide our services in many locations like Great Neck, Nassau County, Brooklyn, Suffolk County, Bronx Manhattan and Queens, New York.
Frequently Asked Questions
Foreclosure Defense Lawyers
What is foreclosure, and what should I do if I receive a foreclosure notice?
Foreclosure is a legal procedure that lenders start when homeowners fail to make their mortgage payments as agreed. This leads to the forced sale of the property to recover the unpaid debt. The process typically starts with the lender sending the homeowner a foreclosure notice, informing them about the impending foreclosure action, and allowing them to look for other solutions.
If you have received such a notice from your lender, you must take the following actions to address it.
- Carefully read the foreclosure notice to understand the reasons for the foreclosure and the timeline for potential actions.
- Communicate with your lender to explore options for avoiding foreclosure.
- Explore alternatives to foreclosure depending on your financial circumstances and goals.
- Investigate government programs that may provide assistance or resources to help homeowners facing foreclosure.
- Consult with a foreclosure defense attorney to understand your legal rights and options. An attorney can evaluate your situation, represent you in negotiations with the lender, and help you navigate the foreclosure process
You may contact Radow Law Group to find a legal professional for assistance.
When should I consult with a foreclosure defense attorney?
If you're facing foreclosure or having trouble making your mortgage payments, it's a good idea to consult a foreclosure defense attorney as soon as possible. An early consultation allows the attorney to assess your situation, review your legal rights and options, and develop a plan to protect your home. A foreclosure defense lawyer can provide valuable assistance in a few key ways, such as:
- They can evaluate your options, such as loan modification, forbearance, short sale, or deed in lieu of foreclosure, and help you determine the best course of action.
- The attorney can negotiate with your lender on your behalf, working to pursue alternatives or minimize the impact of foreclosure.
- If necessary, they can provide legal representation, advocating for your interests in court proceedings to challenge the foreclosure or buy you more time to address the situation.
- The lawyer can also guide you through state-specific foreclosure laws, deadlines, and procedures, ensuring you comply with requirements and protect your rights.
You must act promptly and hire a certified foreclosure defense attorney to resolve these complexities
In which foreclosure breach letter will be issued?
A breach letter for a foreclosure, mostly also called a notice of default or acceleration letter, is generally served by a lender when the borrower fails to make the payments for the mortgage loan as per the loan agreement. This letter officially informs the borrower that they violate the loan contract, which may lead to the foreclosure process.
The letter of default describes the default more forensically, like the missed payments, the amount owed, and the action needed to cure the default, such as bringing the loan current by making the overdue payments plus any associated fees. It establishes the deadline for the borrower to cure the default before the lender takes further legal action.
Getting a breach letter is a serious red flag indicating that homeowners dealing with financial hardship ought to act now to prevent the default from leading to foreclosure. Borrowers must scrutinize the breach letter, comprehend their choices, and then take the appropriate action, which may include enlisting the services of a foreclosure defense lawyer or other alternatives to foreclosure. You can seek help from a certified legal professional to understand the consequences of receiving a foreclosure breach letter.
How can a foreclosure defense attorney help me?
A foreclosure defense attorney can provide essential assistance and representation to homeowners facing foreclosure. Attorneys specializing in foreclosure defense possess in-depth knowledge of foreclosure laws, procedures, and defenses. They can assess your situation, review your mortgage documents, and identify any legal violations or weaknesses in the lender's case. You can ask them to negotiate with your lender on your behalf to pursue alternatives to foreclosure, advocate for favorable terms, and help you navigate the negotiation process. If litigation becomes necessary, foreclosure defense attorneys can represent you in court proceedings, presenting legal arguments, challenging the lender's claims, and advocating for your rights before the judge. They will develop effective strategies tailored to your specific circumstances, including challenging the validity of foreclosure documents, asserting affirmative defenses, or pursuing counterclaims against the lender. With legal help, you also get guidance and support throughout the foreclosure process, explaining your rights and options, answering your questions, and helping you make informed decisions to protect your home and financial interests. Choosing an attorney who matches your comfort level will help you extract all these advantages and simplify your legal matters.
Do I need to appear in court to fight foreclosure?
Whether you should attend a court hearing regarding foreclosure depends on factors such as your local laws, the stage of the foreclosure process, and the facts of your situation. Being present in court is necessary in certain situations, but it can be unnecessary on other occasions.
If you opt for a foreclosure contest or come up with a defense, you may have to go to court for the judge to hear what you say and show all your evidence. Moreover, if the lender opts for judicial foreclosure, parties usually come to court to provide the necessary evidence and documents during the case litigation. You might not have to appear in court if you successfully talk your lender into a settlement, e.g., modification or a repayment plan. In the same way, in this jurisdiction, where foreclosures are primarily handled outside of court, you do not necessarily need to appear in court unless you decide to challenge the foreclosure by filing a lawsuit.
Collaborating with a foreclosure defense attorney may have the purpose of ascertaining whether appearing in court is necessary for your case and then guiding you in navigating the legal process.