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

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

Home foreclosures are still occurring at an elevated rate in New York. Many homeowners who have missed mortgage payments live in fear each month of receiving a Notice of Default from their mortgage holder, informing them that their house is being foreclosed on. If you do receive such a notice in Staten Island, New York you should contact a foreclosure attorney as soon as you possibly can. You don’t have to give up. There are defenses that can be put forth on your behalf that could possibly avoid foreclosure and allow you to retain ownership and occupation of your home. A very common example of a defense that can be asserted against foreclosure is improper administrative procedures within the foreclosure process.

New York Law governs the judicial foreclosure process within the state. This law lays out all the specific procedures that must be followed by your mortgage provider in order for the foreclosure to be valid. Some common procedural errors include:

  1. Failure of the mortgage provider to properly serve a Notice of Default to the homeowner.

The mortgage lender must attach the required documents to the complaint that is filed in court, including a copy of the Notice of Default that was served upon the homeowner.

  1. Failure of the mortgage provider to prove ownership of the mortgage to the court.
  2. Other administrative or billing errors by the mortgage lender.

Common mistakes that may be found on the homeowner’s account include:

  • Failure to credit the account with payments.
  • Charging unauthorized penalties or fees.
  • Overstating the payment amount that is necessary to reinstate the home loan.
  • Accepting payments after the foreclosure complaint has been filed.
  1. Participating in unfair lending practices.

There are two federal laws that all mortgage lenders are required to comply with when they are loaning money for mortgages: The Truth in Lending Act (TLA) and the Home Ownership and Equity Protection Act (HOEPA). These laws control mortgage lending practices and dictate which information must be provided to the potential homeowner.

Is It Possible To Reverse A Foreclosure Sale?

Under very rare circumstances, a foreclosure home sale can be reversed. In order the sale to be reversed, it must be proven to contain:

  • An error within the foreclosure process, such as a failure of the mortgage provider to send notice of foreclosure to the homeowner or failure to post the notice in a newspaper.
  • A grossly inadequate sale price; if the price of the foreclosure sale price is shocking low, the sale may be reversed.
  • Failure to comply with the terms of the mortgage. If the lender, for example, fails to send a breach letter to the homeowner before starting a foreclosure, they have not complied with the terms.

If you believe that your foreclosure sale should be reversed due to a failure by the mortgage provider, contact a foreclosure attorney in Staten Island immediately.

Can A Foreclosure Attorney Stop A Foreclosure In Staten Island, NY?

Hiring a foreclosure attorney in Staten Island is not a guarantee that your foreclosure can be stopped or reversed. However, an experienced Staten Island foreclosure lawyer can improve your chances of success in your foreclosure case. Foreclosure is a very complicated issue. If you want to fight foreclosure in Staten Island, NY, it is the right move to consult with a foreclosure attorney as soon as possible.

Is It Possible To Stop A Foreclosure The Day Of The Sale?

You can technically stop a foreclosure all the way up until the sale has actually taken place. Present your case to a Staten Island, NY foreclosure attorney and give them all of the history of your mortgage payments. He or she should know the timeline for stopping or reversing your foreclosure before it is too late.

How Can I Stop My Foreclosure?

There are several options for attempting to get your home out of foreclosure:

  • You can catch up on your mortgage payments. This is, of course, not a realistic option for most people who find themselves in foreclosure due to their inability to make their payments.
  • Ask your lender if they offer a forbearance program. Some banks and lenders offer programs that will allow you to pause your payments in order to stop the foreclosure. Some of these programs will allow you to make reduced payments temporarily or pay extra each month until you make up the missed payments.
  • Ask for a loan modification. Your mortgage lender may be able to modify the terms of your mortgage by either increasing the term of the loan to reduce the payment amount or lowering the interest rate.
  • Seek out a deed in lieu of foreclosure. This will transfer your home back to the lender and skip the foreclosure process.
  • Ask for permission for a short sale. A short sale happens when you sell your home for less than the amount that you owe on your mortgage. The lender needs to give permission first and will usually agree to forgive the difference.

Before you attempt any of these methods, contact a Staten Island, NY foreclosure attorney to advise you on the best course of action for your particular situation. If you have received a Notice of Default or if you expect to receive one, contact The Law Offices of Robert E. Brown. Our Staten Island foreclosure lawyers have decades of experience helping homeowners just like you find solutions to their financial problems and save their homes from foreclosure. Your consultation is free. We will listen to your dilemma, present your options, and help you make the best decision on how to proceed.

Our foreclosure attorneys serve postal code 10308 in Staten Island and understand New York mortgage foreclosure law. Call The Law Offices of Robert E. Brown in Staten Island, NY, 10308 for local foreclosure defense and discuss your situation with our experienced attorneys. We have many years of experience helping homeowners to get out of situations that may seem hopeless or impossible. You don’t have to give up on keeping your home.

As New Yorkers, we take pride in our great state, our work, and our way of life. We are a strong and diverse community and believe in working hard and providing for our families. But even with a strong work ethic and good values, bad times can sometimes—be unavoidable. Today we live in a global community, where commerce, manufacturing, distribution, etc. are thriving in an interconnected way all across the globe. This can be good for trade, but can also create a lot of competition, and competition yields successes and failures in business. When a company or business falls behind in the market, sadly people may lose jobs and face the dreaded ‘F’ word that no one likes to utter. That word is ‘foreclosure.’ And when you’re staring down foreclosure you need a skilled foreclosure attorney in Staten Island, NY.

Today, as the global economy faces unprecedented pressure due to the current global pandemic, jobs are being lost as businesses close. Additionally, a large percentage of the workforce is part of the gig economy, and some of those who are working freelance jobs with clients, from yoga instructors to caterers, and more, are having to reinvent themselves or think of new ways to keep their small businesses thriving, or even alive. It’s a tough time economically, and we must all support each other, and that’s what Americans always do. When we face a national problem, we work together to solve it, to recover, to find our way back home.

At The Law Offices of Robert E. Brown, P.C., we understand that the economy can be volatile, that markets are constantly shifting, and that good people can find themselves in bad times financially, through no fault of their own. That’s why we’re here; as your Staten Island, NY foreclosure attorney, we can help. For two decades, Attorney Robert Brown has been deeply engaged in the business of helping others, in good times and bad. His experience and leadership in the community has created a reputation that is unparalleled, and—he knows how to win. If you’re facing a foreclosure there are many options available to you, and Attorney Brown, your foreclosure attorney in Staten Island, NY will walk you through each and every one, to ensure that the strategy you take will give you the best outcome. If you want to get out of your debt situation and surrender your home, there are options and some are better than others for sure. Attorney Brown’s experienced counsel will help you make the right decision, the one that will benefit you the most. But if you want to fight foreclosure and keep your home, there are multiple strategies to utilize, from reinstatement, to forbearance, refinancing, loan modification, and more. Attorney Brown knows all the angles, and understands how the laws and courts rule, and he can help you fight your foreclosure. His track record for success in this area is outstanding; call The Law Offices of Robert E. Brown, P.C. today and let him get to work for you! When your future is at stake, work with the best; Brown is… your Staten Island, NY foreclosure attorney.

Robert Brown

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(212) 766-9779