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Foreclosure Defense

Foreclosure Attorney in Westchester County

Facing Foreclosure? Find Out How You Can Save Your Home!

In today's troubling economic times when unemployment rates have affected American families all across the nation, it's not uncommon for many families to fall behind on mortgages. When people are at risk of losing their homes, many of them feel helpless to stop it.

At Bronson Law Offices, P.C., our lawyers are here to tell you there is still hope. Our firm has been helping our clients fight foreclosure proceedings and we have helped many of them find alternatives to foreclosure over the past 25 years. We can tie up a foreclosure proceeding for a long period. In fact, at times we can convince a bank to accept a loan modification and stop the foreclosure proceeding entirely.

Contact us at 914.827.5238 to set up a FREE consultation with our skilled foreclosure defense lawyer. Se habla Español.

Avoiding Foreclosure in New York

It is important to understand your mortgage rights as they relate to your foreclosure case. In New York State, once you receive a Summons and Complaint in foreclosure, you have just 20 days to respond if you were served personally. On the other hand, if you were served the Summons and Complaint by some other means than a personal delivery, then you have 30 days to respond.

In this time, you can review your loan documents to learn more about your options. This is where you can determine what fees your lender can charge for late payments and whether you can reinstate your loan by catching up on your overdue charges.

You are required to file a Formal Answer where you respond to each allegation in the complaint against you. This is the critical time for you to assert any defenses that you might have, and the Verified Answer to the Summons and Complaint in foreclosure must be formally acknowledged before a Notary Public and it must be served on opposing counsel, and the court.

You have many different options in mitigating or fighting a foreclosure in New York, including:

  • Bankruptcy - Filing for bankruptcy will place an automatic stay on foreclosure proceedings, offering you time to figure out a solution. Chapter 13 bankruptcy may allow you to keep your home and include past due payments in your repayment schedule. Second mortgages can be stripped and loss mitigation can be undertaken with court suspension. We have had excellent results with loss mitigation.
  • Loan Modification - If you have fallen behind on your mortgage payments, a lawyer may be able to conduct negotiations with your lender to complete a loan modification to modify your mortgage agreement. This is a permanent adjustment to your mortgage which extends the time you have to pay off your loan, potentially lowering your monthly payment and interest rate.
  • Forbearance Agreement - In some cases, your lender can reduce or suspend your required payments temporarily while you resolve your financial problems.
  • Short Sale - A short sale may enable you to sell your home for less than the balance of your mortgage, but this must be negotiated and worked out with your lender in advance to ensure you are not held accountable for the difference between the sale and your loan balance.
  • Deed in Lieu - In some cases, you may be able to surrender the deed to your home to the lender to avoid foreclosure. A deed in lieu of foreclosure must be specifically worked out with your lender to make sure you are not held liable for the difference between your home's value and your mortgage loan.

Why Hire our Foreclosure Defense Lawyers?

The ultimate purpose of foreclosure defense is to keep you in your home for as long as possible while the bank proves its case. An aggressive approach with the lenders also forces loan modifications in situations where they have been denied in the past.

Our attorneys may also be able to challenge the validity of foreclosure proceedings themselves. Your lender must comply with strict regulations in bringing a foreclosure lawsuit against a homeowner. An experienced foreclosure defense lawyer may be able to bring into question violations of your rights, predatory lending practices or technical procedure violations.

Contact a foreclosure lawyer today! Our firm helps homeowners throughout White Plains and all of Westchester County.

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