How to Fight Back
You have been hit with a foreclosure complaint. It is a homeowners worst nightmare becoming a reality. You are scared, frustrated and your mortgage lender has become your enemy. An experienced foreclosure defense lawyer can help protect your rights.
If you have fallen behind on your monthly mortgage payments and the bank has started a foreclosure action against you, you have the legal right to fight back.
In fact, many mortgage lenders file foreclosure papers incorrectly and there are powerful defenses available to you:
- If your loan was transferred from one bank to another, the current lender may not even have the legal right to foreclose.
- Many lenders will include excessive fees and arbitrary numbers in their foreclosure action. These can be challenged.
- Lenders are forced to comply with stringent consumer protection laws. Failure to do so could give rise to valid defenses.
- Due to the high volume of foreclosures, many banks have been sloppy with signatures, filing requirements and have even misplaced required documents.
These are just a few of the available foreclosure defenses available to homeowners who have fallen behind.
If you receive a foreclosure summons and complaint, defense papers must be filed in a timely manner. You have only twenty or thirty days to respond, depending on how you were “served.”
Defending the foreclosure proceeding allows your voice to be heard and allows you to assert any and all available defenses.
More importantly, foreclosure defense can substantially delay the foreclosure action buying you valuable time to explore alternatives and develop a successful solution.
A temporary hardship may have caused you to fall behind on your monthly mortgage payments. In the meantime it is important that you protect your rights by contacting an experienced Long Island Foreclosure Lawyer to help you.
If you live in Long Island or Queens, call today to schedule a free, no-obligation, informal consultation either in my office, over the telephone, at your home or at a coffee shop near you. We will discuss your situation in detail and together, come up with a viable foreclosure defense strategy.