NYC Foreclosure Defense Attorney

If you’ve received a notice from your mortgage lender that they’ve begun foreclosure proceedings on your home, contact Moshes Law right away. You need the advice of an experienced NYC foreclosure defense attorney to help you obtain the most favorable outcome available to your unique situation. We understand that the prospect of losing your home is frightening and stressful. That’s why our compassionate law firm works diligently to protect your best interest.

Just because your home is in foreclosure, it doesn’t mean you’ve reached the end of the road. The knowledgeable foreclosure defense attorneys at our firm will provide the legal recourse you need throughout the process.

Trusted Foreclosure Attorney in New York 

Our firm has represented numerous clients as they faced foreclosure. We’ve established our reputation as a trusted name when it comes to helping clients who have defaulted on their home loans. We know that difficulties and unforeseen circumstances arise, and homeowners deserve a fair shot at keeping their property.

In New York, the foreclosure process typically goes as follows:

1. Lender Files a Lawsuit: After 120 days of delinquency and another 90 days after the pre-foreclosure notice, the lender can file a foreclosure lawsuit. The sale date has to be at least 45 days after the filing. Additionally, the lender has to file a notice that says that they properly served the homeowner with the correct documents.
2. Homeowner’s Response: Once the homeowner receives the complaint, the summons, and the accompanying financial assistance information, a prompt answer is expected. Without an answer or appearance, the court will default for the lender — approving the auction. The answer can be an Order to Show Cause with your defense. It’s best to consult a foreclosure/real estate attorney for the answer.
3. Meeting the Lender / Settlement Conference: Within 60 days after the lender files the proof of service, both parties are required to meet for a settlement conference. You meet with the lender, advisably with an attorney, and the parties try to find a resolution. 
4. Settlement or Litigation: If an agreeable resolution is reached, then the settlement process begins. Once a settlement has been reached, the lender has to drop the suit with the court within 150 days. If a resolution isn’t reached, or if you didn’t come to the meeting, the suit continues in court. Parties are expected to litigate in front of a judge to proceed.
5. Final Judgment / Auction of the Home: Both parties litigate their cases in court, and the judge comes to a final judgment after hearing both sides. If you don’t appear in court, the judge will default for the lender, and the auction is ordered. You have lost the case, and once the house is auctioned, you’ll be evicted from your home. The lender will sell the house to the highest bidder, mitigating their losses from the defaulted mortgage.
6. Right of Redemption: In New York, the Right of Redemption requires payment of the delinquent amounts any time before the sale is finalized. By paying the debt directly to the lender or the court, you can halt the foreclosure — saving your home. The delinquent amounts include the principal, the interest, and other affiliated costs, such as court fees. 

As a leading foreclosure attorney in New York, you can count on us to provide the legal support you need. Call us for a free consultation to evaluate your case.

Do I Need a Lawyer for Foreclosure? 

Everyone’s circumstances are different, but in general, working with an attorney during the foreclosure process comes with definite advantages. Here are some of the ways that we can help: 

1. Stopping or Stalling the Foreclosure Date: By citing Right of Redemption (see above) or filing an Order to Show Cause (establish that the lender has violated the law or breached your contract), we can set the sale date aside.
2. Lowering Your Mortgage Payments: You may be eligible for a loan modification that could extend the term of your loan or lower the interest rate, which will stop the foreclosure process and leave you with a reduced monthly rate.
3. Reducing Your Principal Balance: 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.
4. Keeping You on Your Property: 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.

Can You Fight a Foreclosure? 

Yes. Our attorneys will carefully assess your situation, ask you any pertinent questions, and give you our honest opinion on what your best-case scenario is. If we see an actionable defense, we will get started right away on your strategy. Some common foreclosure defenses include: 

• Lender violated Federal and/or New York State law
• Lender failed to make the required disclosures prior to closing on the loan
• Lender breached the loan contract
• Lender committed fraud and/or engaged in predatory lending practices
• Lender has no standing in court
• Lender lost the promissory note or mortgage

Our Law Firm’s Process:

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. 

1. Assessing your situation: Each foreclosure proceeding is unique. Through the lens of an attorney with experience, we thoroughly assess the situation at hand. Carefully going through all the paperwork related to your mortgage, we will plan our next few moves.
2. Determining your best solution: Once we’ve reviewed all the intricate details and documents, we can begin strategizing. Together, we will determine what is the best answer to give in response to the summons. We will work alongside you, so you know what’s going on with your foreclosure at all times. 
3. Implementing your defense: After reviewing all the documents and details, we will be able to determine if any defenses are available. If there are defenses available, we might be able to set aside the foreclosure entirely.

Common Foreclosure Defenses Our Attorney Uncovers: 

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.

Lender violated Federal and/or New York State law.

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.

Lender failed to make required disclosures prior to closing on the loan.

• Did the pre-foreclosure notice fit State requirements? 
• Did the lender provide you with federal resources for assistance with your summons? Did you receive assistance information in a second form — e.g., by phone or in person?
• Did the notice summoning you to court follow Federal and State requirements? 
• Was the notice clearly distinguished in large, bold letters? 
• Was the summons properly delivered to you, following the requirements for service?

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. 

Lender breached the loan contract.

A breach has occurred if:

• Your interest payments don’t match what is detailed in your contract.
• The monthly payments are higher than what was agreed upon.
• Federal resources weren’t provided for you to help with your defaulted loan.
• Your payments weren’t correctly reported to credit bureaus.  
• The lender fails at any of its contracted duties to you. 
• The lender didn’t assign a servicer to help you through delinquency. 

Lender committed fraud and/or engaged in predatory lending practices.

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: 

• Was your credit information recorded maliciously? 
• Were you misguided during the loan application process?
• Are you mentally incompetent at the time of signing — invalidating the contract?
• Is the interest rate higher than your qualifications?
• Were you coerced into taking out a loan that you couldn’t have reasonably afforded?

If you think any of these apply to you, please consult a foreclosure attorney for further advice.

Lender has no standing in court.

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:

1. suing in this court
2. in this manner 
3. at this time 
4. for the specific complaint the Plaintiff filed in court. 

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.

Lender lost the promissory note or mortgage.

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. 

Why Choose Us as Your Foreclosure Defense Lawyer?

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.

Client Success Stories

• In January 2018, Moshes Law was able to convince the Appellate Court to reaffirm a dismissal of a foreclosure lawsuit. The bank was outside of the statute of limitations, so it couldn’t sue for repayment.
• In. December 2017, JBBNY, LLC. V. Begum was reaffirmed by the Appellate Court. This reaffirmation officially dismissed the foreclosure brought against our client, Ms. Khadija Begum.
  • In 2007 — one year before the market collapse — Ms. Begum entered into a mortgage with Wachovia Bank. 
  • Because of the collapse, Ms. Begum couldn’t afford the mortgage anymore. She got behind on payments, and the lender filed a foreclosure lawsuit. 
  • Wachovia Bank was past the statute of limitations when it was asking the court for a repayment order. The lender no longer had the standing to sue for the mortgage repayment.

Frequently Asked Questions:

Request a Consultation from the Best Foreclosure Defense Attorney, NYC! 

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.