Simply because the bank mails you a letter or files a lawsuit against you doesn’t mean you need to leave your home. You don’t need to leave your home unless and until the bank wins a foreclosure lawsuit against you.
Foreclosure is the process whereby the mortgage holder (i.e. the bank) sues the borrower (i.e. homeowner) to secure title to the property in partial or full satisfaction of the outstanding balance of the mortgage. The foreclosure procedure begins when a suit is filed with the County Court where the property is located. The borrower must be served with the foreclosure complaint which must be timely answered. Failure to timely file an Answer can result in a Default Judgment being entered against the borrower.
There are numerous avenues available to properly deal with and defend a foreclosure. Whether you want to simply walk away from your home without liability or save an investment property, an aggressive strategy is imperative. The foreclosure case must be defended on the merits while simultaneously negotiating with the bank for a settlement options including but not limited to: Deed in Lieu of Foreclosure, short sale, payoff, reinstatement, or modification. Even if you failed to pay your required mortgage payments, there are many procedural and technical defenses available to effectively defend mortgage foreclosures.
During the process of attempting to return the property to the lender, you can still continue to live at the property or continue to collect rent. However, any negotiated settlement agreement reached with the bank can have serious legal implications. The experienced Queens attorneys at the Law Offices of Btzalel Hirschhorn, Esq., can help you navigate through this complex process, while helping you remain in your home as long as possible.
Our experienced New York City mortgage defense attorneys will personally review your case and help you decide on the best course of action, including loan modification, refinance, short-sale, quiet title, or bankruptcy.
A loan modification can give you a brand new loan and put you back on your feet. We can effectively represent you in talks with your bank or other lender to work out a favorable agreement which will allow you stay in your home and in control of your finances.
Quiet Title Actions
An action to quiet title is a lawsuit filed to establish ownership of real property. Pursuant to Article 15, Quiet Title actions, can, in some instances, remove the mortgage lien from the property. That means, you could, potentially, keep your house and owe much less on it. If you have a property that has either been in foreclosure for many years or has had a foreclosure case dismissed, contact one of our experienced Queens real estate litigation attorneys to discuss a possible quiet title action.
Whether you are buying or selling real property, whether it is commercial or residential, one of our experienced Queens real estate attorneys can assist you.