Tenants and Foreclosure

On May 17, 2010, in Foreclosure, Landlord-Tenant, by Robbie L. Vaughn, Esq.

Many tenants are finding out that the property they are renting has been foreclosed on. As I stated in an earlier post, NY foreclosure law now requires that tenants residing in foreclosed properties receive written notification of the change in ownership of the property. The law also requires that the tenant be allowed to remain in  the foreclosed home for the remainder of their lease term or 90 days, whichever is longer.

Hopefully, you have a lease that was executed prior to the start of the foreclosure action and can find suitable housing for you and your family before your lease expires. If you do not have a lease, then you will only have 90 days to pack up and move your loved ones and all of your belongings.  After that, the new owner, which often times is the foreclosing lender, will seek to evict you.

If you are facing this type of eviction or any other type of eviction, we may be able to stop the eviction and get you additional time to move, etc. We were recently able to stop a foreclosing lender from forcing a family of seven (7) out onto the street.

Long Island Landlord Tenant Attorney

As always,  the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  Contact us at (516) 858-2620 to arrange a consultation with a Landlord-Tenant and Foreclosure Defense Lawyer.

Please visit our Foreclosure and Landlord-Tenant categories to learn more about foreclosure and Landlord-Tenant issues.

Bankruptcy Attorney. Bankruptcy and The Automatic Stay

On May 13, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

The Automatic Stay

The filing of a chapter 7 or Chapter 13 bankruptcy case automatically stays (stops or suspends) virtually all collection attempts (including those harassing phone calls), attachments, garnishments, foreclosures, and other actions by creditors against the person filing (the debtor) and their property.  A few days after a chapter 7 or 13 bankruptcy case is filed, the court will mail a notice to all creditors ordering them to refrain from taking any further action against the debtor.  Any creditor who intentionally violates the automatic stay may be held liable in damages to the debtor.

However, criminal proceedings and actions to collect domestic support obligations are not normally stayed. The automatic stay also does not protect cosigners and guarantors of the person filing, and a creditor may continue to collect debts from those persons after the case is filed (chapter 7) or completed (chapter 13). Also, debtors who have had one or more recent bankruptcy cases dismissed may have the automatic stay shortened or denied altogether.

Caveat: A creditor could make a motion to “lift” the automatic stay. Such a motion, if granted, would allow that creditor to continue collection efforts against the debtor or their property.

Bankruptcy Attorney 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, Long Island, at 393 Jericho Turnpike in Mineola, NY 11501.  Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

Modification of a Child Support Order or Agreement

On May 5, 2010, in Family Law, by John A. Weber IV, ESQ.

There are an increasing number of modification questions coming into our firm.  Modification of a child support order is slightly different than modification of a child support agreement.  It is more rare that a court will order a modification of a child support agreement because it interferes with parties right to contract.  Child support agreements are however incorporated into judgments of divorce and are enforced the same as a child support order.  It is just a more difficult burden to meet in order to have the court modify the agreement.

If you have a child support agreement or child support order and are having problems making payments or having problems collecting monies owed to you, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC, at (516) 858-2620 to speak with a family law attorney!

Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce 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