Foreclosure Defense Attorney

FORCLOSURE 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.

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.

Call us, we can help.

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 diffculties and unforeseen circumstances arise, and homeowners deserve a fair shot at keeping their property

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

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

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

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.

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.

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.

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 affliated costs, such as court fees.

As the 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:

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.

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.

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.

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

Call us to learn more
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CLIENT SUCCESS STORIES

In January 2018, Moshes Law was able to convince the Appellate Court to reaffrm 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 reaffrmed by the Appellate Court. This reaffrmation offcially dismissed the foreclosure brought against our client, Ms. Khadija Begum.

DON'T FACE FORECLOSURE ALONE - LET US FIGHT FOR YOU.

Get to know your Foreclosure Defense Attorneys

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Yuriy-Moshes
Widely recognized as a top New York City real estate attorney with a wide network of connections and a reputation for navigating legal matters to satisfaction for his clients.
Gennady-Litvin
Managing Attorney with extensive experience in real estate matters, including foreclosure defense, short sales, real estate closings, and bank representation. Widely recognized in real estate circles for his comprehensive knowledge of the industry and his ability to provide exceptional legal representation.

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    Testimonials and reviews

    33+ reviews

    Thanks to the Professionalism and Outsanding Customer Sevice demonstrated by The Law Office of Yuiry Moshes. I've completed many Real Estate Transactions in my years as a NYS Licensed Salesperson and Real Estate Broker. I congratulate your organization for the attention to detail and integrity you company displays.

    Greg D.

    155+ reviews

    We had a great experience with the office of Yuriy Moshes during the purchase of our home. Mr. Moshes or his colleagues were quick to respond to any questions or concerns during the process. I would not hesitate to recommend them to others. Thanks a lot!

    Yelena Gremban

    20+ reviews

    Hired Yuri to help me through coop purchase process. Yuriy and his staff answered all my questions promptly, I've had attorneys in the past that once paid would take their time and de prioritize your mails, etc..Not the case here. My initial purchase wound up folding week before scheduled closing date due to seller negligence. Almost a year later, I received same level of effort from Yuriy second time around, closed, and am very happy with professionalism and expertise provided.

    Vladimir