Nassau County Foreclosure Defense
Nassau County Foreclosure Defense cases have several steps. Knowing the procedure of the foreclosure case can dictate which steps should be taken at any particular moment throughout the course of the litigation. The following is a quick summary of the options that may be available in a Nassau County Foreclosure Defense case after the summons and complaint have been served on the home owner.
Gathering information necessary to the defense of the action is probably the most overlooked and underrated step that both pro-se litigants and attorneys make in defending foreclosures. Simple research such as ordering a foreclosure search should be part of the due diligence undertaken prior to litigating. Other methods such as discovery devices can be used to gather additional information during the pendency of the foreclosure litigation.
Responsive pleadings including affirmative defenses and counterclaims where applicable should be filed in a timely fashion. Responsive pleadings in foreclosure actions will often depend greatly on the information gathered about the property and circumstances surrounding the loan origination and servicing.
Motion practice can be used as part of a foreclosure defense strategy. Motions can accomplish several goals that can be of great importance to the preservation of the home owners rights.
Chapter 7 Bankruptcy should also be discussed as part of a comprehensive foreclosure defense strategy. Deciding on the appropriate time for filing of a Chapter 7 Bankruptcy to aid in a foreclosure defense will depend on a myriad of factors. Some cases dictate that a Chapter 7 should be filed prior to responsive pleadings. Some cases dictate that Chapter 7 should be filed after settlement conference negotiations have broken down. Other cases dictate that Chapter 7 will be of no use to a home owner in foreclosure.
Chapter 13 Bankruptcy is an extremely useful tool for foreclosure defense planning. Chapter 13 filings are often times more effective earlier in the process for certain logistical reasons. If the default in mortgage payments were in the not to distant past, the use of Chapter 13 is more likely to be successful.
Federal loss mitigation applications should be considered when weighing bankruptcy options. For its brief existence, this program seems to be very successful and worth the effort to apply.
Please understand that loan modification applications should be submitted in completed form as quickly as possible to initiate loss mitigation negotiations. This is not separate from any of the options listed herein for foreclosure defense, but rather as a supplement. As always, case specific facts will determine which options each individual will proceed with after detailed discussions with an attorney.
Foreclosure Defense Attorney in Nassau County
If you or someone you are concerned about are facing foreclosure, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.
Foreclosure Defense and Loan Modifications
Recently we have experienced an increase in the number of our clients receiving loan modifications. These modifications are both HAMP and In-House, temporary and permanent. The cause is unknown but for our clients, it doesn’t matter why. They are just grateful that it is happening. As the foreclosure world is still in shock with the announcement of the impending closing of Steven J. Baum, P.C., the increase in loan modifications is a good sign for distressed homeowners. There was never as good a time to defend against foreclosure litigation. Hopefully the new year will bring more of the same. These modifications are not good for everybody however. Each modification should be reviewed with an attorney to decide if the terms of the modification are right for your situation. If you are currently in foreclosure or in danger of falling into foreclosure, and you have any questions, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Foreclosure Attorney!
Steven J. Baum to Close
It may have seemed inevitable to those directly involved in the foreclosure field, but it is still a surprise to hear. According to a Buffalo Business First, the mega-firm of Steven J. Baum, P.C. is to close it’s doors:
“The embattled Steven J. Baum P.C. law firm is the closing its doors after a series of missteps that included mortgage industry giants Freddie Mac and Fannie Mae cutting off business with the Amherst-based firm.”
Read the full article here.
If you are facing foreclosure and are seeking assistance, please call us at (516) 858-2620!