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!
Bank won’t modify my mortgage, how can I use the chapter 7 bankruptcy I just filed to avoid foreclosure?
The following are “some” of the things you can do to avoid foreclosure if you just filed a chapter 7 bankruptcy:
“Maybe” filing a “chapter 20” bankruptcy, which is a chapter 7 followed by a chapter 13, will help you.
- make sure the ch. 7 discharge is granted;
- some time after discharge is granted in the 7, but before the sale date of course, file a ch. 13 to force the lender to accept the current payment + the arrears spread over 36 or 60 months.
- Note: There likely won’t be a discharge at the end of the Chapter 13. This really shouldn’t matter because you just received a chapter 7 discharge.
- Note: You should consider “stripping off” any judgment and/or wholly unsecured liens.
- Note: If this is investment property you can try to cram it down in a ch.13. However, the cramdown value has to be paid off by completion of the ch. 13 plan.
If none of the above will work, you could:
- After discharge, continue trying to obtain a loan modification from your lender (the foreclosure action will likely continue unopposed).
- Contest the foreclosure action in state court after the stay is lifted or terminates.
- Note: You may be able to defend the foreclosure even if a default judgment has been entered against you(see our earlier post “Fighting foreclosure after default judgment.”)
This is not legal advice!
The Law Firm of Vaughn & Weber, PLLC routinely represents homeowners facing foreclosure who have already filed or need to file for bankruptcy. We examine each homeowner’s specific situation to determine their best course of action.
We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy and foreclosure matters.
Call (516) 858-2620 to arrange a FREE consultation with a bankruptcy and foreclosure attorney!
Please visit our Foreclosure category to learn more about foreclosure issues.
Please visit our Bankruptcy category to learn more about filing for bankruptcy.
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.
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.
Keep in Touch