The threat of losing your home is overwhelming. You don’t have to deal with a foreclosure alone. The Kohan Law Group, P.C., provides foreclosure defense. We help you understand your legal rights and options for fighting foreclosure in Nassau County, NY.

Our civil litigation lawyers at Kohan Law Group, P.C., have extensive experience representing clients in court. We are seasoned trial lawyers and aggressive negotiators. If you are being sued for foreclosure, it is crucial to have an experienced attorney on your side.

Call Kohan Law Group, P.C. to schedule a free consultation with one of our Nassau County foreclosure defense attorneys.

How Kohan Law Group, P.C. Can Help You With a Defense to Foreclosure in New York

When financial hardships occur, maintaining mortgage payments can be difficult. Unfortunately, when an owner misses several mortgage payments, the mortgage company demands immediate and total payment of all past due amounts. They also add late fees and interest to the past due amount, making it more challenging to pay the outstanding balance.

If you are facing foreclosure, there may be several options to deal with the foreclosure action. When you hire our highly qualified Nassau County civil litigation lawyers, you can trust us to:

  • Explain the foreclosure process and your legal rights
  • Review all options for responding to and resolving the foreclosure
  • Analyze the foreclosure complaint and your mortgage records to determine if the lender has made errors in their records
  • Explore ways to avoid foreclosure if possible to reduce the impact on your credit score and finances
  • Prepare and file a response to the foreclosure complaint
  • Explore options and defenses based on your personal circumstances, such as whether you are protected under the Servicemembers Civil Relief Act or have a loan backed by the Federal Housing Administration

Our foreclosure lawyers at Kohan Law Group, P.C. have top ratings, awards, and recognition from national legal organizations, including Super Lawyers, Avvo, and The National Trial Lawyers Top 100.

Contact Kohan Law Group, P.C. to schedule a free case evaluation with an experienced foreclosure attorney in Nassau County, NY.

Overview of the Foreclosure Process in Nassau County, NY

A foreclosure is the legal process of seeking court approval to sell real estate secured by a mortgage to satisfy a loan owed to the lender. When a borrower falls behind on their mortgage payments, the lender sends the borrower collection and warning letters. The lender may also call the borrower to collect the past due amount.

New York is a judicial foreclosure state. The mortgage company sues the borrower to have the property sold at a foreclosure sale. The New York foreclosure process has several steps, including:

  • A 90 90-day pre-foreclosure Notice from the lender giving the borrower information on obtaining help with past due mortgage payments
  • The lender files the foreclosure complaint and serves the borrower
  • The borrower has 20 days to file a response with the court and serve the lender (30 days if served by mail)
  • Mandatory settlement conference to discuss options for the borrower to keep their property
  • The discovery phase for exchanging evidence and information between the parties
  • Motion for Summary Judgement by the lender asking for an order without a trial
  • If there is no summary judgment, the case moves to trial
  • The judge either dismisses the foreclosure or orders the property to be sold at a foreclosure auction

If a property owner does not respond to the foreclosure complaint, the lender files a motion for default judgments. If the lender has the required evidence proving the lien and past due payments, the judge orders the property to be sold at a foreclosure sale.

Defense Options for a Foreclosure Action in New York

Our foreclosure attorney analyzes all aspects of your foreclosure case to determine the potential defenses to the foreclosure action. Potential defenses to a foreclosure include, but are not limited to:

  • The lender did not follow the required legal process, such as failing to send the 90-day pre-foreclosure notice, or including the “Help for Homeowners in Foreclosure” notice was not served with the complaint
  • The owner is a servicemember on active duty, entitled to special rights
  • The mortgage loan is unlawful because of fraud, predatory lending, unconscionability, the lender not being licensed in New York State, etc.
  • The lender failed to negotiate in good faith to modify the loan or seek a resolution with the property owner
  • You made payments that the lender has not applied to your account
  • The statute of limitations for enforcing the mortgage has expired
  • The lender cannot produce the original loan agreement

There are many potential foreclosure defenses. The defenses used in your case are based on the unique factors and circumstances of your situation. The best way to know if you have a valid defense to a foreclosure is to meet with an attorney. The sooner you meet with an attorney, the more options you may have for fighting a foreclosure in Nassau County, NY.

Potential Options to Resolve a Foreclosure Action in New York

In addition to asserting defenses to a foreclosure complaint, there may be other options to resolve the foreclosure instead of allowing the property to go to the foreclosure auction. Options that may be available in your case could include:

  • Negotiate a loan modification with the lender. A loan modification can reduce your mortgage payments, interest amount, and other loan terms to make the loan affordable.
  • Agree to a short sale. A short sale allows you to sell the home for less than what is owed to the mortgage lender. You need to ensure the lender waives the amount owed that exceeds the short sale amount.
  • A deed in lieu of foreclosure allows you to transfer the property to the lender instead of going through a foreclosure.
  • An agreement to sell the property and pay off the loan. This option may be used when you have substantial equity in the home.
  • Negotiate a forbearance agreement to pause the loan payments temporarily during a financial hardship.
  • Refinance with another company to pay off the current loan with a new loan.
  • File a bankruptcy case. Bankruptcy stops the foreclosure action. The type of bankruptcy case filed determines whether you keep the property or allow it to be surrendered to satisfy the loan fully.

Our legal team explores all options to stop foreclosure and help you resolve the matter in your best interest. Call us today for a free consultation to discuss your options for a foreclosure defense.

Schedule a Free Consultation With Our Nassau County Foreclosure Defense Attorneys

Are you facing a foreclosure action in Nassau County? If so, you need experienced legal counsel to help you fight for your home. Call Kohan Law Group, P.C. for a free case evaluation with an experienced Nassau County foreclosure defense attorney.