The Law Offices of Robert E. Brown, P.C.

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The Law Offices of Robert E. Brown, P.C.

You should absolutely not work with a debt management company before hiring a lawyer. In New York State, companies that don’t have lawyers are not allowed to help people in foreclosure. Some companies will claim that you only need to make one low monthly payment in order to get out of debt, but even the federal government’s various consumer protection websites frequently post warnings to consumers about these companies. Rather than pay any of your debt, these companies will simply steal the money you give them, and your debt will continue to grow. It is strongly recommended that you avoid getting involved with any debt resolution company.

Can A Foreclosure Sale Ever Be Overturned?

My firm has successfully overturned foreclosure sales on a number of occasions. A foreclosure sale could be overturned if there was an error on the foreclosure notice itself, such as the wrong address for the location of the auction. A foreclosure sale could also be overturned if the client wasn’t served properly with a summons in the complaint, or if they have a reasonable excuse for having failed to answer the summons in the complaint. When I take on a new case, one of the first things I do is look at the closing home documents associated with the initial loan received by the homeowner. Most times, those homeowners are ripped off at the closing or were not given the proper disclosure at the closing. As a result of this, I can often articulate a meritorious defense based on the closing documents from when the homeowner either purchased the home or refinanced and entered the mortgage.

Are There Any Special Protections From Home Foreclosures For Military Special Members?

There are special protections available for military special members facing possible foreclosure. I volunteer with an organization called the New York Guard, which occasionally represents service members for free or at discounted rates when they are in foreclosure. It should also be noted that active military duty members cannot be served with a summons in complaint for foreclosure, and process servers are required to search the database to ensure that the homeowner is not on active military duty.

What Happens In Foreclosure Litigation?

In New York State, it is very rare for foreclosure cases to involve discovery (i.e. requests for and collection of documents and taking depositions or examinations before trial). Once you answer properly to a summons in complaint for foreclosure, there will be a foreclosure conference where you try to work out a loan modification, a short sale, or an alternative solution. If that fails, then the bank will make a motion for default judgment on the basis of the lack of answer from the homeowner.

There are many lawyers who try to do foreclosure defense but don’t really understand the law. Foreclosure law is very specific and detail-oriented, and it requires a thorough understanding of the law. When one of my clients is served with a summons in complaint, we answer and file a counterclaim, which means that we answer and sue the bank for fraud or failing to provide proper disclosures before closing. Once the bank gets a judgment, they will make a motion for the appointment of a referee. The referee decides how much money is owed and makes a motion for a judgment of foreclosure and sale. We fight them on that stage regarding the details of the papers they submitted. If we are unsuccessful, then the bank will be able to move forward and auction the house after providing approximately one month’s notice of sale.

For more information on Working With Debt Resolution Companies, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 766-9779 today.

Robert Brown

Call For A Free Consultation
(212) 766-9779