Recently we have run into some questions regarding service in Landlord Tenant actions. Proper service of legal papers is required in order to preserve your constitutional rights. In order to dispute service of papers commencing an action, either before a default judgment is entered or after a judgment has been entered, the disputing party should appear in court on the appearance date of their contesting motion. The appearance is necessary to give direct testimony and provide the evidence necessary to win a traverse hearing. If you have questions concerning any aspect of such a challenge, feel free to call our office at (516) 858-2620!
In the following video Justice Schack, a NY Supreme Court Judge, and others discuss and provide examples of faulty foreclosure paperwork:
As always, The Foreclosure Defense Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY 11501. Contact us at (516) 858-2620 to arrange a FREE consultation with a foreclosure defense lawyer.
Are foreclosures being halted in NY?
Foreclosure defense is a large part of our law practice. We are currently defending foreclosures brought by GMAC, Chase, Bank of America, Wells Fargo etc. For the most part, we have not seen much evidence of these lenders suspending current foreclosure actions. They are still opposing our motions, replying to our answers, and having counsel attend the Mandatory Foreclosure Settlement Conferences on their behalf.
However, we have had several recent loan modification offers, requests for adjournments, and at least one major lender is attempting to discontinue their foreclosure action against one our clients. We were able to achieve the foregoing results by raising and vigorously litigating the “faulty/fraudulent paperwork” that is a part of many foreclosure actions.
So, we know what the headlines say, but we have YET to receive any calls from any lenders or their attorneys saying “Hey, we are discontinuing all of our foreclosures in NY.” We look forward to that day, but until then, we will keep raising the issues and fighting for our clients.
As always, The Foreclosure Defense Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY 11501. Contact us at (516) 858-2620 to arrange a consultation with a foreclosure defense lawyer.