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.

Chapter 7 or 13 Bankruptcy Case by Spouses

On May 4, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

Husband and wife joint bankruptcy filing.

Yes, a husband and wife can file a joint bankruptcy case under chapter 7 or chapter 13.  When a joint bankruptcy case is filed, only one bankruptcy petition is filed and only one filing fee is paid to the court.  However, both husband and wife must complete the required pre-filing credit counseling course and the required post-filing financial management course. The more difficult question is whether or not spouses should file a joint bankruptcy case. A knowledgeable bankruptcy lawyer can assist you in making that decision.

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 bankruptcy attorney.

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

Evicting a Problem Tenant

On May 3, 2010, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

So, you have had it with your tenant and want them out. Evicting a tenant can be a tricky and lengthy process.

The following is very general overview of the eviction process*:

1. Determine the status of the person occupying the premises (i.e. tenant);

2.Determine what grounds you have to evict (i.e. breach of lease terms);

3. Determine the type of action you can bring (i.e. non-payment);

4. Determine what notice must legally be given to the occupant (i.e.  3 days);

5. Give the occupant the appropriate notice in the appropriate manner;

6. File the appropriate petition in the appropriate court;

7. Have the tenant appropriately “served”;

8. File proof of service with the court;

9. Wait for tenant to answer or default;

10. Go to court!

*The above is merely an overview of the eviction process.  Additional or different steps may be required to evict a particular tenant.

If you are having trouble evicting a tenant we may be able to help you evict them so that you can re-let your apartment, sell your home, etc. We were recently successful in using the landlord-tenant court to get a tenant, that had not paid rent for over eight (8) months, out of a landlord’s apartment building in a matter of days.

Nassu County Eviction 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.

We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters.

Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

Grounds for Divorce in New York

On April 28, 2010, in Divorce, Family Law, by John A. Weber IV, ESQ.

Many New York residents are unclear about what it takes to qualify for divorce.  Putting residency requirements aside and before you get into property dispute issues, there exists a hurdle that must be met under New York law.  This is to say that you need a legally acceptable reason to terminate a marriage.  New York is not a state that accepts Irreconcilable Differences in its Domestic Relations Law.  This has caused a great deal of controversy and has garnered much attention over the years.  A March 31, 2009 article in the New York Daily News by Jose Martinez touched on how this has caused New York couples unnecessary aggravation (http://www.nydailynews.com/ny_local/state_of_shame/2009/04/01/2009-04-01_how_albany_is_divorced_from_real_world_n.html).

Domestic Relations Law in New York provides the acceptable divorce grounds to be:

1) cruel and inhuman treatment

2) abandonment for a period of 1 year or longer

3) imprisonment for a 3 year period subsequent to the date of marriage

4) adultery

5) conversion of a judgment of separation

6) conversion of a separation agreement after 1 year

Please note that New York now allows a no-fault divorce under DRL  section 170(7).

Not sure if you fall into one of these categories?  Call the Law Firm of Vaughn, Weber & Prakope, PLLC today at (516) 858 – 2620!

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