Foreclosure Summons and Complaint

On August 6, 2010, in Foreclosure, by Robbie L. Vaughn, Esq.

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.

Fighting Foreclosure After a Default Judgment.

On May 5, 2010, in Foreclosure, by Robbie L. Vaughn, Esq.

Your lender brought a mortgage foreclosure action and obtained a default judgment against you.

So, it’s game over and you are bound to lose your home to foreclosure, right? Not necessarily!

The scenario usually goes something like this:

Your mortgage lender brought a foreclosure action against you and allegedly had you served with a summons and complaint. You failed to hire a foreclosure defense attorney or respond to the summons and complaint. The lender proceeded with the foreclosure action and obtained a default judgment against you.  Now your home is set to be sold at a fast approaching foreclosure auction.

This is not a good situation for any homeowner.  However, you may still be able to defend the foreclosure action and save your home from foreclosure. You might even be able to get a loan modification before it is all said and done. To determine if any of this is possible, you need to contact a knowledgeable foreclosure defense attorney immediately. They will determine if there is still time and a chance to vacate the default judgment and defend the foreclosure action.

If you are facing this type of foreclosure or foreclosure in general, we may be able to stop the foreclosure and give you an opportunity to negotiate a loan modification. We were recently successful in stopping a foreclosure auction and getting the homeowner into a foreclosure settlement conference. The lender has expressed an interest in negotiating a loan modification for the homeowner.

Foreclosure Defense Attorneys in Mineola

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, at 393 Jericho Turnpike in Mineola, NY 11501.  Contact us at (516) 858-2620 to arrange a consultation with a foreclosure defense lawyer.

Don’t hesitate, call a foreclosure defense attorney today! Because,It ain’t over till it’s over.” –Yogi Berra.

Please visit our Foreclosure category to learn more about foreclosure issues.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan