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!
I was just served with a foreclosure summons and complaint, what should I do?
You should respond!
The summons tells you that a foreclosure action has been filed and that you have twenty (20) or thirty (30) days to respond. The complaint tells you why the foreclosure action was brought.
There are several different ways for you to respond to the foreclosure action (see our earlier post “What Can I do if I’m facing Foreclosure”). However, many of these responses won’t stop the foreclosure action or prohibit the bank from obtaining a default judgment against you. Generally, a default judgment will be issued if you fail to file an answer or other legal response when it is due. It is possible to defend a foreclosure action after a default judgment (see our earlier post “Defending Foreclosure after a Default Judgment”), but it is very risky, more difficult and will likely be more expensive. Therefore, it is best to avoid having a default judgment entered against you.
You should consider consulting a competent foreclosure defense attorney ASAP!
As always, The Long Island 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.
Please visit our Foreclosure category to learn more about foreclosure issues.
Wall Street Reform Bill: $1 billion fund to help unemployed homeowners avoid foreclosure
The Dodd-Frank financial regulatory reform bill which passed through Congress and is headed for President Obama’s desk, contains a provision that is likely to help some unemployed homeowners avoid foreclosure.
The Washington Independent reports that there is a provision in the bill to set up “the Emergency Homeowners’ Relief Fund…a $1 billion fund to help unemployed workers stay in their homes.” According to the article the fund should be in place by October 1, 2010 and “will offer qualified unemployed homeowners low-interest loans up to $50,000 to help them keep up with their mortgage payments and remain in their homes.”
The article also reminds us that “On July 1, the Treasury Department started up the Home Affordable Unemployment Program. Through the program, banks and lenders will let unemployed homeowners stop paying their mortgages for set periods of time while they look for work, or will reduce payments to less than 31 percent of the homeowner’s gross monthly income for a set amount of time. (That means that if the homeowner’s income is zero, the payment will be zero. If he or she is taking severance or receiving unemployment insurance, it will be about a third of that.)”
Also visit our Foreclosure category to learn more about foreclosure.
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. Contact us at (516) 858-2620 to arrange a consultation with a foreclosure defense attorney.
Over 1 million homes could be lost to foreclosure this year
A recent Associated Press article is reporting that:
“More than 1 million American households are likely to lose their homes to foreclosure this year, as lenders work their way through a huge backlog of borrowers who have fallen behind on their loans.”
And that:
“Nearly 528,000 homes were taken over by lenders in the first six months of the year. If foreclosures continue at that rate, the yearly number would eclipse the more than 900,000 homes repossessed in 2009….”
Also visit our Foreclosure category to learn more about foreclosure.
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. Contact us at (516) 858-2620 to arrange a consultation with a foreclosure defense attorney.
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