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Recent Posts in Foreclosure Category

  • If I'm Facing Foreclosure, Should I File for Bankruptcy?

    || 19-Sep-2016

    Bankruptcy has been known to be a very effective foreclosure defense. If you have recently learned, or you suspect, that your lender is moving forward with foreclosure proceedings as a result of your inability to keep up with your required mortgage payments, it is strongly advised that you waste no time in obtaining legal counsel from a Westchester bankruptcy attorney at our firm. Our attorneys ...
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  • Foreclosures and Loan Modifications In New York

    || 1-Aug-2012

    A foreclosure action begins when a homeowner is served “process” in a foreclosure action. Receiving these papers, usually a summons and complaint, can be one of the most nerve-racking experiences a homeowner can endure. The thought of one’s home being jeopardized and the potential for ensuing liability can cause a great deal of stress for one who has become unable to afford his ...
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  • Chapter 13 Loan Modification saving $816 per month

    || 11-May-2012

    Our most recent loan modification in a Chapter 13 provided a tremendous benefit for our client. Our client had accumulated over $86,000 of arrearage. Her husband was not able to work and needed round the clock medical attention. This client was a very nice warm person who had experienced very negative situations. It was such a thrill for a Queens bankruptcy attorney to get her a loan modification ...
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  • Foreclosure Defense - Part 5 - Bankruptcy

    || 26-Oct-2011

    While many homeowners may not have considered it, bankruptcy can also be a useful tool in fighting a foreclosure. In a case where a homeowner may not be financially able to keep their home, a Chapter 7 can help to stave off a foreclosure sale, and allow the homeowner to surrender the property and owe nothing more. A Chapter 13 bankruptcy can be a useful tool to fight a foreclosure where the ...
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  • Foreclosure Defense - Part 4 - Foreclosure Conference

    || 21-Oct-2011

    Many counties throughout the Tri-State area have now instituted a procedure by which a homeowner and the bank or other financial institution attempting to foreclose on the home participate in a series of foreclosure conferences, attended generally by the attorney for the bank and either the homeowner, or the homeowner's attorney, though our office always encourages the homeowner to attend as ...
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  • Foreclosure Defense - Part 3 - Discovery

    || 18-Oct-2011

    Discovery is the process by which a homeowner is able to request certain documents from the bank or other financial institution that is attempting to foreclose on their home. There are numerous laws that have been passed in an effort to protect homeowners and force banks to produce certain documents related to the homeowner's mortgage, including the Real Estate Settlement Procedures Act ...
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  • Foreclosure Defense - Part 2 - The Motion to Dismiss

    || 14-Oct-2011

    In a foreclosure case, a motion to dismiss may be a tool to combat against foreclosure depending on a homeowner's situation. When a homeowner facing foreclosure comes to our office, we analyze each homeowner's unique situation to determine whether this is a potential tool to combat a foreclosure action. However, an attorney's options may be severely limited if a homeowner has ...
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  • Foreclosure Defense- Part 1 - The Answer

    || 11-Oct-2011

    There are numerous reasons why homeowners may find themselves facing foreclosure, especially in today's economic times. Loss of a job, an illness, or other unexpected expenses can sometimes lead homeowners to find themselves behind in their mortgage payments. As a homeowner potentially facing foreclosure, you may receive numerous letters and other notices from your bank. Once a homeowner falls ...
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  • Is the Housing Crisis over?

    || 16-Sep-2011

    We believe that the housing crisis has not reached its peak as of yet. While foreclosures and foreclosure sales have slowed in recent months they will increase once the legal hurdles that have been encountered are straightened out. For instance the Robo-signing was unnecessary and the banks attorneys have figured out how to avoid the problems they were having. There are issues with MERS, but it is ...
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  • How Does Bankruptcy Help Home Owners?

    || 14-Sep-2011

    Bankruptcy stops foreclosure, pure and simple. Prior to a sale a bankruptcy filing causes the automatic stay to be implemented and no sale or foreclosure can take place for a period of time. During this period we work with the client to modify their mortgages so that they can capitalize any amounts owed and reduce the monthly payments. In a Chapter 13 bankruptcy the Southern and Eastern Districts ...
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  • Help For a Client in Foreclosure?

    || 9-Sep-2011

    Our Westchester County bankruptcy attorney s have a number of different strategies that we utilize based on the clients goals. If the client has realistic goals sometimes we are merely trying to keep the client in the home for as long as possible. Other times we can actually design a strategy to modify the loan or repay the past due mortgage amount. We can help a client defend the foreclosure and ...
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  • Chapter 13 Plan Confirmation Hearings in the Southern and Eastern Districts of New York

    || 6-Dec-2010

    Our clients were scheduled to have their Chapter 13 Plan confirmed at 10:00 AM last Friday. The Judge's calendar was posted and there were over 60 clients scheduled for the same time. Out of 28 pages, my clients were listed on page 22. Unfortunately, the way the calendar works, you have to be there on time and you have to wait until your case is called. Having over 3 hours to observe the other ...
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  • Bankruptcy Filings Are Up

    || 30-Nov-2010

    Bankruptcy cases filed in federal courts for fiscal year 2010, the 12-month period ending September 30, totaled 1,596,355. This represents a 13.8 percent increase over the fiscal year 2009 bankruptcy filings of 1,402,816, according to statistics released [November 8, 2010 ]by the Administrative Office of the U.S. Courts." What accounts for this increase in bankruptcies? It is certainly apparent to ...
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  • Understanding Foreclosure Defense

    || 11-Oct-2010

    When a person is facing foreclosure, most attorneys will immediately recommend a Chapter 13. This is because a Chapter 13 has provisions specifically designed to address foreclosure situations. A Chapter 13 will not only stop a foreclosure sale, but will allow a home owner to pay back arrears as part of the Chapter 13 plan and possibly avoid future payments on a second mortgage. Unfortunately, a ...
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  • CHAPTER 13: To Save Your Home From Foreclosure

    || 21-Sep-2010

    Many people have attempted some sort of loan modification either on their own or with the help of paid professionals in order to head off a foreclosure on their homes. A loan modification can lower interest rates (thus lowering monthly payments) and tack mortgage arrears to the back of the loan, extending its term. When a loan modification is granted it is a boon to the consumer who cannot ...
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