Finding out your home’s at stake can cause anyone paralyzing fear. It’s an understandable reaction, but don’t let it actually paralyze you from seeking legal representation. When your home’s at stake, lingering is not an option. If you want the best chances for saving your home, promptly consult experienced real estate attorneys — like the Law Office of Yuriy Moshes, P.C.
We’ll provide the support you need throughout the judicial foreclosure proceeding. Recognized as one of the top foreclosure defense lawyers in NY, Moshes Law will work with you every step of the way. Don’t waste any more time and get your free consultation today.
If you default on the mortgage payments, lenders have the liberty to use your house as collateral for the nonpayment. After 120 days of delinquency, a 90-day pre-foreclosure notice can be sent. Generally, New York requires judicial foreclosures and only allows non-judicial proceedings in specific circumstances.
Once the notice’s 90 days are up, the lender can file the required lawsuit against you to officially begin the foreclosure proceeding. The court has to approve the foreclosure before the lender can sell the house at auction. By receiving court approval, the lenders can mitigate their losses by proceeding to an auction.
If you’re facing foreclosure, there are several options available for you. However, these options have a much higher chance of success with the help of a foreclosure defense attorney. New York has several requirements for lenders filing foreclosure proceedings. Hiring an experienced attorney is crucial for saving a home from a foreclosure auction.
Homes are personal, and foreclosures are private matters. The Law Office of Yuriy Moshes can guide you through swiftly stopping a foreclosure. This will minimize any feelings of vulnerability. We want to assure you that we’re here to help you and your family in this time of need. COVID-19 hasn’t ended, and the ensuing fiscal instability will be felt for some time after.
Read the sections below for explanations of a few options. During such volatile times, get some help on your side. Our firm is ready to guide you through your options during a free consultation. We can jointly decide on the best options for your particular case. Let’s save your house together. Get your free consultation today.
Two ways we can stop the sale date are: (1) by the Right of Redemption or (2) by showing good cause for setting the sale aside. With the foreclosure stopped, your worries may disappear. Both of these methods are State-specific, showing the value of an experienced handling your foreclosure defense. New York has complicated regulations that require legal familiarity. Hire New York foreclosure defense attorneys like Moshes Law.
Loan modifications can allow you some flexibility. Added flexibility means you’ll have a better chance at paying the defaulted mortgage. Lenders will possibly agree to a loan modification that allows your monthly mortgage payment to be lower. By either increasing the years left on your repayment term or lower the interest rates, your monthly payment would be decreased.
This loan modification would be in lieu of foreclosure, giving you the ability to keep your home. Negotiating may seem overwhelming, but this feeling can be eased through a foreclosure defense attorney. NYC is a brutal real estate market. Hiring someone to fight in your corner could be the key to your success.
Again, borrowers have the option of modifying their defaulted mortgages. This can help you pay off the delinquent amount and save your home. You can delay the principal so you can make a balloon payment that’s due on a later date. Lenders may forgive a portion of the delinquent amount — either on conditional or unconditional terms.
Just because the house is foreclosed doesn’t mean you have to move out. The sale date must pass before the eviction process can begin. For the sale date to be finalized, the court must approve the foreclosure and order the auction. Even after the court order, auctioning could go on for months before a sale is made.
Since the eviction process doesn’t start until the above process is completed, you can remain in your home. Until everything is said and done, you can continue staying there.
Moshes Law promises full transparency with our clients. The sections below explain our firm’s general method of attack. We tweak the method as we need and as the client suggests. Don’t be afraid to be vocal about your wants and needs. At the end of the day, this is your home. We will follow your lead and advise when necessary.
It’s complicated choosing the correct foreclosure defense — NY has several State requirements that need to be abided by. Additionally, there are Federal laws to think about, along with all of the other several factors. Get the help of a foreclosure defense lawyer to choose the proper defenses for your case. Having an experienced attorney explain each of these factors is essential. With a free consultation, Moshes Law can start fighting for your home.
If the lender didn’t follow the Federal or State laws regarding the foreclosure process, the sale can be set aside. These laws were enacted to protect homeowners from bank lenders. The administration wanted to minimize the risk of banks taking advantage of the everyday person.
That being said, there are numerous places that the lender could have gone wrong. Since the pandemic began, the first place to begin is asking if the COVID-19 moratoriums were followed.
The following defenses are also violations of the law. However, each of these defenses has certain nuances that need to be explained. Read through these explanations and ask for further clarifications during your free consultation.
All of these disclosures are required. These laws are in place to protect homeowners from predatory lenders. Lenders are not allowed to blindside homeowners with a foreclosure suit.
A breach has occurred if:
Fraud is a very serious accusation, but lenders have a past record of being predatory against unassuming homeowners. Below is a list of several fraudulent practices that would set aside a foreclosure sale:
If you think any of these apply to you, please consult a foreclosure attorney for further advice.
When you sue someone, you need to have standing. Standing means that Plaintiff has the right to sue this person. The right to sue means:
Varying State and Federal laws may add factors that can affect standing rules. But typically, Plaintiffs in civil cases have to show that the other party caused them some sort of injury. Additionally, the Plaintiffs have to show that this injury can be fixed by the other party’s money.
The lender has the responsibility to show that you owe them money. To prove this in court, the lender has to show the contract and other related paperwork with the promissory note or mortgage. If the lender misplaces these documents, then the lender no longer has standing.
Lender has no ownership rights in the promissory note or mortgage.
If the lender doesn’t have the legal right to the promissory note or mortgage, the lender doesn’t have standing. The lender can’t sue you for a delinquent amount that didn’t harm them. You don’t owe them anything.
If you’re being sued for foreclosure, as soon as possible, hire an experienced foreclosure defense lawyer. NYC will eat you alive without legal representation. Get a free consultation with one of the best attorneys in Greater New York and save your house today.
The value of an attorney with the experience of Yuriy Moshes is understated. You would be surprised how many lenders make mistakes in this process. We will wait patiently and intently watch for mistakes. Hire Moshes Law to double-check your lender.
A: Foreclosure defense attorneys have different payment structures. It’s best to discuss this during the consultation. The attorney could bill you hourly, monthly, or as a flat fee. Ask the lawyer to clarify the payment structure before hiring them.
A: At the Law Office of Yuriy Moshes, we will:
review all the documents related to your mortgage, checking for any mistakes.
negotiate on your behalf.
create all the legal documents you need for this lawsuit.
determine if any defenses are applicable to your case.
advise you through the entire process, fighting viciously in your corner.
A: The first step is waiting 120 days of delinquent payments before sending a 90-day pre-foreclosure notice.
A: You have several options that can help you save your home from auction! Negotiating a loan modification or payment plan to pay your defaults, requesting a deed-in-lieu, making a short sale, suing your lender, or filing for bankruptcy are some of the options available to you.
A: There are several ways a lawyer can stop a foreclosure auction. A lawyer can help you:
Negotiate a payment plan
Negotiate a loan modification
Request a deed-in-lieu
Make a short sale
Sue your lender
Do you need a lawyer for foreclosure defense, NY? Get a free consultation from one of the best in Greater New York. Yuriy Moshes has years of experience successfully helping hundreds of homeowners.
Real estate attorneys are required to be knowledgeable in several branches of law. A free consultation with our firm could be the ease of mind you need. Get yours today.