The purpose of a foreclosure defense is to give an opportunity to homeowners to declare their rights as well as to actively resist a foreclosure proceeding. The affected homeowner can find the assistance he needs in an experienced Long Island foreclosure lawyer who will immediately take the initial action of filing a timely response to the court order submitted by the foreclosing lender.
As part of the foreclosure defense process, numerous documents will be prepared to answer the summons and complaint. This action sets the stage for a contested proceeding, which ensures that the homeowner’s rights are protected; gives the homeowner the chance to obtain the necessary documents; and lengthens the period during which the homeowner can fully prepare for the litigation defense.
Summoned To Answer
This is the crucial first stage in a foreclosure defense: allowing the homeowner enough time to answer the summons and complaint submitted by the foreclosing lender. A dedicated Long Island foreclosure lawyer will then ensure that any succeeding documents which might be presented by the foreclosing lender will be actively opposed.In cases wherein the foreclosure process has already begun before the homeowner has sought legal assistance, there are still viable ways to prevent the possibility of the homeowner’s property being put up for foreclosure sale.
Paper Trail Contested
A homeowner whose house is in danger of foreclosure and wants to save it should contact a Long Island foreclosure lawyer who truly believes in the advocacy of homeowners’ rights and who possesses the desired amount of aggressiveness that will effectively question the process by which the homeowner was served with the summons and complaint papers. Even the manner in which the said papers were released can be contested. The homeowner can demand for findings that a proper disclosure of documents had taken place. Furthermore, there may be instances when the foreclosing lender was unable to provide the complete number of loan documents necessary to proceed for the foreclosure process; there is also a great chance that the foreclosing lender has failed to provide original copies of the said loan documents, which presents a new opportunity to the homeowner to strengthen his foreclosure defense.
Wheels of Justice Set In Motion
On the other hand, if the homeowner does decide to defend the foreclosure action, especially if the foreclosure process has been set in motion, or the property involved has already been scheduled for a foreclosure sale, the necessary steps can be taken by the Long Island foreclosure lawyer to ensure that the foreclosure proceeding will carry on, which involves the homeowner asserting his right to litigation. This gives the homeowner ample time and opportunity to either stop the foreclosure process or to prevent the impending foreclosure sale of his property. In this case, the homeowner can either question the foreclosure proceedings through a technical defense, or to contest the foreclosing lender’s principles and protocol through a substantive defense. It is possible that a wrongful foreclosure may have occurred in the first place because of the foreclosing lender’s internal processing errors and negligence. On the other hand, it might be discovered that the foreclosing lender had actually advised the homeowner, who was requesting for a mortgage mortification to ease his financial burdens, to purposely commit a default in his monthly mortgage payments in order to qualify,which inadvertently resulted in his heading toward foreclosure.
Foreclosure Defense Presented
The delay of the foreclosure proceeding is definitely possible when the homeowner’s defense is handled by an effective Long Island foreclosure lawyer who is able to mount a very strong defense. Such a defense will allow the homeowner more time to search for answers to problems in other areas of his life that require his attention. The homeowner can somewhat rest assured that it is entirely possible that the foreclosure action against him would be dismissed.