At What Point Should I Get An Attorney Involved In My Foreclosure Situation?
I can’t stress enough how important it is to get an attorney involved in your foreclosure situation from the beginning. When you first get served with a summons in the complaint, you have between 20 and 30 days to submit a legal document known as an answer. When my firm takes on a foreclosure case, we review the closing documents and determine if the bank committed fraud or violated any consumer protection laws. Once we prepare the document called the formal answer, we also prepare a counterclaim in which we sue the bank in order to even the playing field. Often, those claims are based on violations of the Truth in Lending Act, New York State’s Deceptive Trade Practices Law, or evidence of fraud or wrongful foreclosure by the bank.
In the formal written document called the answer, it is important to include certain defenses, such as the defense of standing. If you don’t raise in your answer that the bank lacks standing, then you will be unable to raise that at a later point in time. This means that if you try to put in an answer on your own or go to the local pro se office and fail to state that the plaintiff lacks standing, then you will lose that defense and the bank will take your house.
How Can A Foreclosure Defense Attorney Help Me?
It’s very difficult for a person who is not a lawyer to put the necessary arguments into the proper legal form. Foreclosure conferences could require having to go to court 10 times in one year, and that will be difficult if you have a job. One of the advantages of hiring a qualified foreclosure defense lawyer is that you won’t have to go to court yourself, because they’ll do it for you. Our clients get notified when a court date is coming and will receive a letter explaining what happened so that everyone stays on the same page. A foreclosure defense lawyer might be able to find something that the bank did wrong and get the case dismissed. It might be that the wrong bank is suing you, and if you raise standing against the wrong bank in your initial answer, then you could move to dismiss it. We’ve won many cases by showing that the wrong bank tried to take a homeowner’s house or arguing that the homeowners were not properly served by a process server.
For more information on Getting A Foreclosure Defense Attorney Involved, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 766-9779 today.
Call For A Free Consultation