Nassau County Foreclosure Defense

On September 7, 2016, in Bankruptcy, Foreclosure, Litigation, by John A. Weber IV, ESQ.

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.

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Mortgage Forgiveness and Bankruptcy

Loss Mitigation and Loan Modification in Bankruptcy Court

Bankruptcy Trustee Issues

On April 17, 2012, in Bankruptcy, by Robbie L. Vaughn, Esq.

Bankruptcy Trustee Trouble

Choose your bankruptcy battles wisely!

It is not a good idea to fight with your bankruptcy trustee over trivial matters. We have and always will stand up to bankruptcy trustees on behalf of our clients. However, we don’t see the benefit in bickering with a bankruptcy trustee over pay stubs, bank statements, tax returns, etc. You are obligated to provide your bankruptcy trustee with certain documents and comply with particular requests they make. This does not mean every request! Thus, it is in your best interest to know when your bankruptcy trustee is overreaching. A good bankruptcy attorney will know when to comply with a trustee’s requests and when to contest them.

New York Bankruptcy Attorney

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, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY. Contact us at (516) 858-2620 to arrange a FREE consultation with a bankruptcy attorney.

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