Have you been served a notice that your home or business will be subject to foreclosure proceedings in or around White Plains? For most people, their biggest investment is their home and/or business. Losing your home can be a devastating blow that can take years to overcome, especially because of the negative impact that a foreclosure will have on your credit score.
At the first sign of a potential foreclosure, I urge you to contact me, so that I can help you fight back. I have provided legal assistance to debtors in the White Plains area for nearly a decade, helping thousands of people implement legal solutions to their overwhelming debt. I will offer you fully personalized, one-on-one attention, creating a legal strategy tailored to your individual needs and goals.
Foreclosure Defense Strategies
If you cannot make your mortgage payments, you are not alone. You may be able to either avoid foreclosure or fight it on legitimate grounds of mistakes, predatory lending, issues within your contract, or errors in the legal procedure brought against you. I can determine whether the foreclosure notice will stand up in court, whether you can litigate against it, or whether you should seek other options. I have experience helping homeowners and business owners facing foreclosure, and I am familiar with the common mistakes lenders make in foreclosure actions. I will seize upon a mortgage lender’s mistakes and seek to dismiss the foreclosure action and put pressure on the mortgage lender to provide you with a loan modification.
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Want to save your home or business property?
Reach out to me at (914) 600-7161 for a free case evaluation today.
Other options in foreclosures
cases can include:
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Loan modifications
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A Mortgage modification is a process where the mortgage lender and homeowner work together to modify the original terms of the mortgage loan to lower the homeowner’s monthly mortgage payments. Typically, a mortgage loan modification will result in a lower monthly interest rate, extending the term length of the mortgage loan, adding the arrears to the principal loan balance as a lump sum payment due at the end of the mortgage loan’s term.
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Repayment plans. This is a process that allows a homeowner to reinstate their mortgage loan and cure the mortgage arrears by making their scheduled monthly mortgage payment along with an additional payment over a finite period towards the arrears.
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Filing for Chapter 13 bankruptcy. In a chapter 13 bankruptcy, a homeowner will have the opportunity to cure their mortgage arrears or obtain a mortgage loan modification through the Bankruptcy Court’s unique Loan Modification Program.
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Selling your property in a short sale. In this process, a homeowner sells their home for less than the mortgage loan balance. A short sale can help the homeowner avoid foreclosure, but it can damage your credit and there may be potential tax consequences.
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Deed in lieu of foreclosure. In this process, the homeowner willing surrenders their home to the mortgage lender, which often results in the termination of the foreclosure. It is important to ensure that as homeowner, you are no longer personally liable for any deficiency if the home is sold for less than the amount owed to the mortgage lender.
The above listed options have some advantages and disadvantages, so give me a call so that we can discuss which option is best for you.
I will review your unique situation and provide sound legal counsel so you can make the decision that works best for you. Whether you’re facing foreclosure or engaged in an active foreclosure, it is very important that meet all initial deadlines and respond to notices in a timely manner. As such, getting in touch with me right away is critical.
How Can Bankruptcy Help Foreclosure?
Bankruptcy can be an effective option for homeowners who are facing closure. If you are behind on your mortgage payments and are facing the possibility of losing your home, bankruptcy may be a way to help you avoid foreclosure, or at least delay it. When you file for bankruptcy, the following happens:
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Automatic stay goes into effect which stops all creditor collection activities, including foreclosure, repossession, evictions, etc.
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If you are filing for Chapter 7 bankruptcy, you can discharge unsecured debts, and can only avoid foreclosure if you are able to continue making mortgage payments.
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If you are filing for Chapter 13 bankruptcy, you can keep your home by negotiating a repayment plan over a period of either three (3) or five (5) years.
Bankruptcy may not be the right choice for everyone, so it is important to discuss your situation with an attorney. If you have any questions about your foreclosure defense options, or would like to learn more about bankruptcy, contact me for more information.
Frequently Asked Questions
What is the short answer on foreclosure defense in New York?
New York foreclosure is a judicial lawsuit, which means the lender must proceed through court before a sale. A defense may challenge standing, notices, accounting, service, contract compliance, or other legal defects while also pursuing loss mitigation, reinstatement, bankruptcy, sale, or another resolution.
What is a 90-day pre-foreclosure notice?
For a qualifying New York home loan, the mortgage holder generally must send a specific notice by regular and certified mail at least 90 days before starting the foreclosure case. Compliance with the content, timing, mailing, and filing requirements can be important to the action.
What should I do after receiving a foreclosure summons and complaint?
Contact counsel immediately, preserve the envelope and every page, calendar the response deadline, and gather the mortgage, modification, payment, and communication records. Depending on the method of service, an answer may be due in as little as 20 or 30 days, and missing the deadline can lead to default.
What is a New York foreclosure settlement conference?
In many owner-occupied one- to four-family residential cases, the court schedules a conference to explore a resolution such as a loan modification. The initial conference is generally scheduled within 60 days after the plaintiff files proof of service and a request for judicial intervention.
Can I stay in my home while the foreclosure case is pending?
A homeowner generally remains in possession unless and until the legal process results in a sale and the purchaser later obtains possession through the required procedure. The homeowner remains responsible for property preservation, insurance, taxes, utilities, and other obligations.
What defenses may be available in a foreclosure case?
Potential defenses may involve standing, ownership of the note, required notices, service of process, payment application, statute of limitations, modification agreements, loss-mitigation compliance, contractual conditions, fees, and the amount claimed. The pleadings and loan history determine which defenses are viable.
What does standing mean in a foreclosure case?
Standing asks whether the plaintiff had the legal right to enforce the note and mortgage when the action began. The answer depends on the governing documents, transfers, possession, endorsements, and New York law.
Can errors in the lender's payment history matter?
Yes. Misapplied payments, unexplained fees, escrow errors, force-placed insurance, modification-accounting problems, and incorrect arrears can affect the amount claimed and potential defenses. Request and preserve a complete payment history.
Can predatory lending or servicing misconduct be a defense?
Potentially, but the facts must support a recognized claim or defense. Misrepresentation, unlawful fees, dual tracking, modification errors, consumer-protection violations, or contract breaches may matter depending on timing and available remedies.
What is a loan modification?
A loan modification changes one or more mortgage terms, potentially including interest rate, term, arrears treatment, principal forbearance, or monthly payment. Approval is not guaranteed, and the homeowner should keep a complete application record and review the final terms carefully.
What is a mortgage repayment plan?
A repayment plan requires the borrower to pay the regular monthly amount plus an additional sum toward arrears for a defined period. It can work when the hardship has ended and the combined payment is realistically affordable.
What is mortgage reinstatement?
Reinstatement means curing the total default by paying the amount required under the loan and applicable law before the relevant deadline. The homeowner should obtain a current written reinstatement figure and confirm how certified funds or other payment must be delivered.