Long Island Foreclosure Defense
What’s the Process?
The foreclosure procedure in New York State operates within a meticulously structured timeline, underscoring the imperative for property owners to promptly engage in necessary actions and seek adept legal counsel to navigate the intricate steps and adhere to the prescribed timetable. It is essential for property owners to take swift and decisive measures while obtaining comprehensive legal advice tailored to their circumstances, ensuring compliance with procedural requirements and maximizing opportunities for resolution.
How Long Does Foreclosure Take?
Typically, a late fee is incurred approximately two weeks after missing a mortgage payment, and the lender may try to reach out to you. If you own and live in the property as your primary residence, the lender is obligated to issue a foreclosure notice, granting a 90-day period to address the matter. This allows us to negotiate with your lender to rectify missed payments. Failure to respond promptly may result in imminent foreclosure proceedings.
Upon reaching the 90-day mark, the foreclosure process is initiated, signifying the commencement of comprehensive legal measures against you. This includes actions such as formally recording a notice of foreclosure with the Court and serving you with a summons and complaint. Failure to respond to the complaint promptly may lead to eventual loss of the property.
Within 60 days of being served with the summons, the Court convenes a settlement conference between the lender and homeowner. Should no agreement be reached, foreclosure proceedings continue, affording you the opportunity to assert any legal defenses. If these defenses prove unsuccessful, a foreclosure judgment is issued, and a sale is arranged. Foreclosure sales in New York State occur via public auction, resulting in the homeowner relinquishing all rights to reclaim ownership. However, homeowners maintain the right to redeem a delinquent mortgage until the foreclosure sale date. Following the financial crisis of 2008, this process could sometimes take as long as 5 to 10 years. However, the courts are making a concerted effort, to speed this process up. With our help, we can buy you the time you need.
Our Services
Bankruptcy
Bankruptcy offers relief for individuals and businesses facing overwhelming financial challenges, such as those resulting from the 2020 pandemic, job loss, or excessive debt due to reasons like divorce or medical bills. It provides protection from creditors’ collection actions, including wage garnishments and lawsuits like foreclosures. Seeking advice from an experienced bankruptcy attorney early on is crucial to navigating the process effectively and determining if bankruptcy is the right solution for your circumstances.
Foreclosure
When faced with Foreclosure Defense needs, ignoring the issue hoping for delay is detrimental. Immediate action is crucial.
In recent years, many New York homeowners fell behind on mortgage payments due to various reasons like illness or job loss. This often prompts lenders to initiate legal action, leading to homeowners receiving court summonses indicating foreclosure intentions.
Mortgage Modification
A loan modification presents an early and viable solution to circumvent foreclosure, empowering property owners to retain their home or other assets. Unlike a refinance, which involves paying off the existing mortgage with a new one, a loan modification entails altering the terms of the loan agreement. This adjustment enables borrowers to address payment challenges before they escalate, thereby averting potential financial crises.
Probate
During the probate of a will, the judge’s role is to verify that the will was executed correctly by the individual and witnesses, that the individual was of sound mind when signing the will, and that no undue influence was exerted in its creation. In a probate case, the executor named in the will submits a petition to the Surrogate’s Court, accompanied by the original will. This petition typically includes the date of death, beneficiaries named in the will, potential heirs-at-law if the will is deemed invalid, and an estimation of the estate’s value. All interested parties, including beneficiaries and potential heirs-at-law, are informed about the probate process.
Short Sale
As an alternative to foreclosure, a short sale arises when a financially distressed homeowner sells their property for less than the outstanding mortgage balance. This arrangement necessitates lender approval to accept less than the owed amount, resulting in forgiveness of the remaining balance and release of the lien against the home, often absolving the borrower from further liability on the loan.
Whether prompted by a potential buyer or advice from a real estate agent, initiating a short sale mandates seeking reputable legal counsel. This ensures a clear understanding of the process and safeguards your interests by ensuring proper handling of the transaction.
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Less Hassle, More In Your Pocket, Peace Of Mind…
When selling your Long Island NY house, make your decision on what’s right for you based on these 3 important factors.
- The true costs: Often times people look at the commissions for an agent as a necessary evil to sell your home. But, when you partner with the right Long Island real estate agents, that agent is the expert in your corner to protect your best interests. If a property takes longer to sell, a buyer backs out, you misstep because of a mistake in the contract that could cost you money, paying buyers agent commissions… all of those things add up to the true cost of selling your house.
- Your time commitment: Do you want to be (and have the time to be) heavily involved in all aspects of selling the house? From marketing to taking calls from buyers, to showing the house, doing your own open house, putting signs outside, setting up the escrow, and more? All so you can save 2 or 3% on the sale. Just calculate what your time and energy are worth and where you should best focus your time. If you’d rather not hassle with the details of your house sale, work with a trusted agent like Long Island Foreclosure Defense.
- The “experience factor”: There are hangups that can throw your closing off or cost you thousands. We help you avoid those and we deal with them for you.
Ready To Get The Process Started With Long Island Foreclosure Defense? Give Us A Call At (516) 570-3190 Or Get A FREE Home Valuation Report!
Sources:
* 2014 Profile of Home Buyers and Sellers, National Association of REALTORS®)
** Both the Northwestern and the Stanford studies mentioned in the Money section confirm just that: “The use of a broker does lead to an accelerated sale. In that respect, brokers appear to add value,” the Stanford researchers declared. The Northwestern study found that it takes on average 20 days longer to sell a house on a FSBO site versus the MLS or an agent.