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Many people are struggling to get back on their feet after a year of the biggest pandemic-induced uncertainty our country has seen in recent history.  Covid 19 forced the closure, either temporary or permanent, of businesses in states across the country.  This put many of our citizens in a financial situation they find hard to get out of because they couldn’t earn money to take care of even the bare necessities of life.  

  • Nationwide, ten million people are currently unemployed.  
  • In New York, more than 410,000 are out of work.  (That’s more than 10 percent of the state’s total population.)  

President Biden and New York Governor Andrew Cuomo signed executive orders aimed at helping people affected by the pandemic.  Biden’s most recent executive order called for revamping the way direct assistance was handed out, as well as proposing new ways for agencies to work together to make sure citizens in hard-hit, underserved areas got the assistance they desperately needed.  Governor Cuomo issued Executive order 202, which, depending on the circumstances, suspended or extended laws and regulations put in place due to Covid-19.

But these emergency actions may not be enough.  Even with businesses reopening and people going back to work, it may not be enough to head off several harsh realities.  Chiefest among them, the reality of losing a home you worked years for.  If you are facing the possibility of foreclosure on your own home, click here to fill out our online form for a free consultation with one of our attorneys for foreclosure legal advice.

When Would You Need A Legal Advice On Foreclosure

It’s frightening enough losing your job through no fault of your own.  You wonder where you will get the money to pay for bills, including rent and mortgage.  You worry about falling behind and how you can possibly catch up, or what to do if you can’t.  Even more frightening still; the harsh reality of that foreclosure notice you get in the mail.  

It helps first to briefly outline the foreclosure process:

  1. You are considered in default if you’re 30 days or more behind on your mortgage.  
  2. Lenders must file suit in court to begin foreclosure proceedings, but not until you’re about four months (120 days) behind.
  3. You’ll be sent a notice of default.
  4. A settlement conference will be scheduled.  This is a meeting between yourself, the lending party, and a court official and is an opportunity to discuss several things including loss mitigation alternatives to avoid foreclosure.
  5. An answer must also be filed to the default complaint.

There are a lot of legal hurdles to jump over during the foreclosure process.  That’s where legal advice for foreclosure can benefit you.

What Does A Foreclosure Defense Lawyer Actually Do

A foreclosure defense lawyer does many things.  They will outline and walk you through the foreclosure process.  They will look for the best ways, whenever possible, to help you avoid foreclosure and to keep your home.  And when foreclosure is unavoidable, they will help you find the best ways to mitigate any losses and impact on your life.

Our attorneys at the Law Office of Yuriy Moshes, like Gennady Litvin, are proficient in legal foreclosure advice.  Mr. Litvin is licensed in the State of New York.  His areas of foreclosure advice expertise include foreclosure defense, loan modifications, and short sales.  His success lies in teaching others and building relationships with lenders, brokers, and judicial officials involved in the real estate and foreclosure process.

File A Notice Of Appearance

What do you do after getting served with the foreclosure complaint?  You can do one of two things.  First you have to decide whether to answer a foreclosure complaint or not.  If you do not have anything to answer or counter the complaint with, you can still receive all documents related to the foreclosure case.  Filing a request to be kept abreast of all documents in a case is called a “notice of appearance.”  A home foreclosure advice attorney can help you decide if this is the best option, or if you have enough information and other materials to answer the complaint.

Answer The Summons And Complaint

This is one of the areas where an attorney can excel with your case.  You are not required by law to answer a foreclosure complaint.  But an attorney can help you evaluate whether it’s in your best interest to file an answer.  The answer outlines any facts or counter claims to defend against the foreclosure.  The deadline for an answer is usually 20 days from when you are served the complaint in person, and 30 if served by mail.  An attorney can help you draft your answer to your maximum advantage.

Appear At Settlement Conferences Or Mediation

As mentioned above, a settlement conference is a meeting between both parties and the legal official assigned to the case.  At this conference, you’ll need to bring things like copies of your financial statements (i.e. proof of income, your mortgage agreement, etc.).  A foreclosure advice attorney can appear with you or on your behalf and argue your case at settlement conferences or mediations.  Use this settlement conference as an opportunity to work toward a foreclosure solution  Call or fill out the form online and we’ll text you for one of our attorneys at the Law Office of Yuriy Moshes for a consultation on free legal advice on foreclosure.

Use Effective Foreclosure Defense Strategies

There are several foreclosure defense strategies.  Some of the most common are short sales, died in lieu, among others.  Talk about building a game plan to deal with foreclosure, starting with an initial consultation with free legal advice for foreclosure over the phone.  

Save You From A Deficiency Judgment

What is a deficiency judgement?  It’s the difference between the homeowner’s total debt and the price of the home at a foreclosure sale.  Deficiency judgements are legal in New York state.  You could still potentially owe this money, and a bank may try to recoup this money through means like wage garnishments.  However, an attorney can help save you from a deficiency judgement by getting it eliminated altogether, or at the very least negotiating an amount to pay back that is less than the original deficiency judgement amount.

Get Foreclosure Legal Advice From Attorney

This article outlines just a few of the reasons why it’s in your best interest to contact a foreclosure attorney.  With as many details, legal facts and definitions, as there are in a foreclosure case, you can only benefit from an initial conversation and free legal advice for foreclosure over the phone.  Contact the Law Office of Yuriy Moshes to speak to Gennady Litvin, or one of our other experienced foreclosure attorneys.