PM Law PC

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New York City Real Estate Foreclosure Defense

Facing foreclosure is filled with stress and all kinds of emotions. It is a time when you need someone advocating on behalf of your rights and protecting your interests. The attorneys at PM Law PC deftly litigate on behalf of clients who are facing the prospect of losing their homes or property to bank foreclosures.

Stopping New York City Foreclosures

In the state of New York, there are specific procedures that a lender has to go through in order to proceed with a foreclosure. As a judicial foreclosure state, a lender can only move forward with a foreclosure if they initiate a legal action to obtain a court order from a judge. If you have been served with a summons and a complaint in which a lender has initiated a foreclosure action, it’s not too late. There are several defenses to foreclosure that an experienced real estate attorney or commercial banking and mortgage lawyer can argue on your behalf.

What Should You Do If You Are Facing Foreclosure?

If you are facing a foreclosure, it is important to talk to a lawyer and have them review your mortgage documents. A foreclosure attorney will understand the intricacies of New York foreclosure law and advise you if there is a way to stop or prevent the foreclosure action against you.

There are several legal tactics that a foreclosure defense attorney can employ to temporarily stall or permanently stop a foreclosure action altogether. These include:

  • Obtaining an automatic stay in a bankruptcy action, which will automatically halt a lender’s efforts to collect on a mortgage
  • Filing for Temporary Restraining Orders to stop a foreclosure sale at State Courts and Appellate Courts
  • Challenging the Lenders foreclosure case and analyzing whether applicable laws and conditions precedent to file suit were complied with
  • Representing homeowners in all loss mitigation processes including loan modifications and short sales
  • Filing for Chapter 13 bankruptcy, which will allow you to keep your home and provide a structure repayment plan for past-due arrears
  • Challenging the standing of the bank or lender and proving that the mortgage lender does not actually own the loan
  • Whether the foreclosure action complies with FAPA (the “Foreclosure Abuse Prevention Act”)
  • Proving that the lender failed to comply with the technical notice requirements of New York foreclosure laws

Every mortgage foreclosure action will have a mandatory settlement conference. If you wish to fight a bank or mortgage company’s foreclosure action on your home, then retaining an experienced foreclosure defense attorney to represent you at this settlement conference and negotiate on your behalf could help you prevent a foreclosure on your home.

Consult A Foreclosure Attorney Today

The firm offers initial consultation appointments and case assessments. During this appointment, the attorneys can discuss your case and assess the applicable legal claims, answering any questions that you have. To schedule an initial consultation, contact the office by calling 888-657-5755 or sending an email inquiry through the website to find out how they can help you with your case.