Foreclosure

The Banks Have Lawyers To Foreclosure On Homeowners. Petroff Amshen LLP Defends Homeowners.

Petroff Amshen LLP has the best Foreclosure Defense Lawyers to fight against banks, investors, and servicing companies that will attempt to take your home. We fight foreclosure complaints in foreclosure actions in all of New York counties.

“The Best Defense is a Good Offense.” Foreclosure Defense Attorneys at Petroff Amshen LLP will strategize with you to mount the best defense in foreclosure and help you keep your home.

Over the course of many years, Foreclosure Defense Lawyers at Petroff Amshen LLP have developed many foreclosure defense strategies that help all homeowners.

When homeowners are served with an action for foreclosure, under immense stress, they may forget to prepare an Answer to the Foreclosure Complaint that was served upon them. It is of utmost importance to Answer with the timeframe that is prescribed within the State of New York Civil Practice Law and Rules. When homeowners are served personally, the time to Answer may be as short as 20 days.

In a rush, homeowners may miss crucial defenses that are available to them. For example, the defense of “standing” (defense that bank cannot sue because they do not have evidence that bank owns the loan) may be waived and the homeowner, who otherwise would be successful in preventing the bank from getting their home and getting favorable terms for a loan modification, may be foreclosed on.

Remember, if you are being summoned by the Court, always be there. The Court is not your enemy. They understand your plight and in most cases, the clerks of the Court will be able to point you in the right direction. The Laws of the State of New York require attorneys for lenders to file a Request for Judicial Intervention. Shortly thereafter, the Court will schedule a Mandatory Foreclosure Settlement Conference where the homeowner and bank’s attorney will have an opportunity to “negotiate a loan modification.”

Although it may be a daunting experience to constantly submit the same documents over and over and over again, homeowners cannot give up. Follow directions. If the Judge or Special Referee orders or directs homeowner to provide tax returns, paystubs, utility bills, leases, 4506T, or any other set of documents by a date certain, then do it. After submission to lender, confirm receipt, get a printout confirmation, and always write down the name of the person to whom you spoke.

At Petroff Amshen LLP, we begin to work on your case immediately. The Answer is prepared and all appropriate counterclaims are presented to protect interests of homeowners. We stop foreclosure and ask the Court for a Settlement Conference where Foreclosure Defense Lawyers from Petroff Amshen LLP will present your foreclosure defense. In most cases, our clients do not have to sit at Mandatory Foreclosure Settlement Conference and wait for their name to be called. We make allcourt appearances, submissions to lenders, and prepare all necessary legal documents for the Court. Among many changes to foreclosure law, on September 1, 2008 New York State Legislature amended Civil Practice Law and Rules § 3408 and sections of the Real Property Actions and Proceedings Law, Bank Law, General Obligations Law, Penal Law, and Real Property Law.

The amendment requires lender and mortgage loan servicers to give borrowers ninety days notice before certain actions are taken; establishes all home loans shall be subject to certain standards and limitations; creates the crimes of residential mortgage fraud in the first, second, third, fourth and fifth degrees; and relates to distressed property consulting contracts. We know how to prepare your case for Settlement Conference in Residential Mortgage Foreclosure Actions, including presentation of your personal financial circumstances to the lender, servicer, or investor, submission of all required documents, and undertaking of successful negotiations to save your home
Experience, knowledge of process, and quick response are keys to successful defense of foreclosure action.