Foreclosure Defense Lawyer
Facing a Foreclosure of Your House?
Are you being sued for foreclosure? Are you afraid of losing your home to foreclosure? Have you been served with a foreclosure complaint? Sharova Law Firm is here to help! Combining more than 65 years of experience and practical support of former mortgage bank representative, our foreclosure defense lawyers will create a highly-effective strategy to save your home.
For the last decade, around 6 million USA citizens had to deal with foreclosure. By definition, the foreclosure process is returning a house from the homeowner to the lender, if the first was enabled to pay a mortgage for several months. Modern foreclosure procedure works basically in favor of lenders and banks because they are usually better-versed in theoretical and practical legal aspects of foreclosure.
Top New York foreclosure defense attorney at the Law Office of Yelena Sharova P.C. has a strong reputation of an aggressive but effective defense attorney. We are ready to protect both families and individuals, whenever they are facing a risk of repossession of their property or even homes. After receiving a notice of foreclosure intent from your lender, the first thing you should do is to contact Sharova Law Firm for immediate legal help. With more than 65 years of combined experience in New York State and federal laws, our foreclosure defense attorneys will solve your issue effectively, using a professional strategy and personal approach.
Know More About Consequences of Foreclosure
In New York State, foreclosure means not only risk to lose your home and value assets but also involved in a serious judgment process. There are situations, when after a “deficiency judgment”, even after selling a home you may still owe some money to the lender. That is why, before everything will start, it’s necessary for you to find a highly-professional real estate attorney, who is able to check a lender by demanding all proper documents and asking necessary tough questions.
In many cases, the best solution that leaves a chance for you to keep your property safe is to fight back. The most complex foreclosure cases proceedings may lead to a loan modification with a meaningful balance reduction. Whenever you choose to fight back for your property or to simply walk away, foreclosure defense lawyers at the Law Office of Yelena Sharova P.C. will provide you information and legal help you need. At our New York law office, we are ready to offer you our experience, knowledge, and resources to protect you from losing your house and return your normal life back on track.
New York Foreclosure Attorney Will Protect Your Rights and Property
Different situations may happen in your life, but even when you were not able to pay your mortgage for a couple of months, you still have a possibility to get a seasoned foreclosure defense attorney, who will find the most appropriate solution for your case. Sometimes it is possible to keep the house yours during the litigation process, for some months or even years.
Speaking about possible outcomes of foreclosure proceedings, our top New York defense lawyers may offer you some common strategies:
• Foreclosure Alternatives – skilled lawyers at Sharova Law Firm will use a wide range of professional legal and financial tools, to offer our clients such alternatives as payment plan negotiation, second mortgage, short sale or consent judgment, or finding any lending violations;
• Mortgage and Loan Modification –a bank or lender can work together with our defense lawyer to get your home loan modified in your favor;
• Home Loan and Mortgage Workouts – our foreclosure attorneys are ready to negotiate for a solution that will suit more for all parties and let you avoid the foreclosure;
• Foreclosure Defense – a seasoned attorney will help you to fight back and get your property safe and all foreclosure actions beat;
• Deeds in Lieu and Short Sales – when you have no chances to pay a mortgage, it is possible to sell a home cheaper than the amount of money you owe your lender. In case of a short sale, you do not owe a shortage between the prices. A deed in lieu is a similar process.
NYC Foreclosure Defense Strategy
The main aim of foreclosure defense is to show that your bank is not right and cannot spend foreclosure actions. In fact, the success of the case depends on how well your lawyer knows the work of the mortgage industry. With a skilled foreclosure defense lawyer of the Law Office of Yelena Sharova, you can be sure your future is in professional hands. If you assume, the bank has no right to foreclosure, our legal experts will help you to get ready to an aggressive, but effective defense.
While some courts usually make decisions in favor of banks, others are open for negotiations and hearing arguments from both parties. That influence on the best defense tactic your lawyer should choose. Sometimes, the best possible step is filing for bankruptcy. Our skilled New York foreclosure experts will explain to you what it means and what consequences may have for you. Whenever you need legal help or just expert advice, contact our law office in New York, Newark or Edison.
Alongside with active foreclosure defense and filing for bankruptcy, there are also other possible strategies, as:
• Proving that lender violated New York State or Federal Law;
• Proving that the plaintiff doesn’t have, or lost a Mortgage or Promissory Note;
• Showing that lender committed a fraud;
• Breach of the contract;
• Showing that a lender is engaged in illegal or predatory lending actions.
At the Law Office of Yelena Sharova, we are devoted to our clients and ready to offer them our whole knowledge and experience to reach a favorable outcome.
A well-planned and professionally-handled foreclosure defense lead to various possible positive results:
• You can still live in this home while proceedings are ongoing;
• You can get a serious modification of your loan down to a market price of the house;
• You may keep collecting rent from your investments;
• You can negotiate with your bank for better terms.
If you need any additional information about foreclosure defense or want expert legal help, contact the Law Office of Yelena Sharova P.C. and we will help you to deal with even the most difficult case. Do not risk your future, let us fight for your home, your property and your rights.
How to save your house if there are mortgage debts?
Advice from foreclosure attorneys and top foreclosure defense lawyers
Once again, it is necessary to remind you as the borrower that house can only be taken away by court decision. Therefore, do not panic if the bank or collectors threaten to take an apartment. These words will say to you any foreclosure defense seasoned attorney.
Very often, mortgage borrowers are evicted for mortgage debts due to the default on loan obligations. So, there is a reason to challenge foreclosure.
If the borrower does not have money to pay off the loan, then the mortgage debt will be taken only by the property. NYC foreclosure defense is a common practice since you are not the only person who defaults, don’t worry.
No matter how difficult the debt situation is, the borrower is trying to keep the house using all the common foreclosure defenses available to him or her. In turn, the foreclosure defense lawyer is utilizing all the legal knowledge he/she has mastered through the years of experience. A foreclosure defense attorney will protect you thoroughly in the court. At trial, borrowers talk about a wide variety of points, objecting to the foreclosure action. Borrowers refer to the loss of their main place of work, crisis, reduction of wages.
Sometimes credit institutions behave inappropriately, many banks do not agree with the debtor.
The court in most cases supports the side of the debtor if he or she lost the job, but at the same time did not refuse to fulfill obligations, but looked for options for settling relations with a credit organization.
If you have problems with the payment of the mortgage loan — it is not worth hiding from the lender — any foreclosure defense attorney will confirm. On the contrary, it is necessary to inform the bank in a timely manner about possible problems, ask for an installment plan or debt restructuring. Even if the creditor does not want to make concessions, this will serve as proof of the good faith of the debtor in court proceedings.
Even if there is a court verdict against the debtor, the borrower attempts to preserve his housing using common foreclosure defenses. The main problem of bailiffs is to get into the property for paperwork: a foreclosure action, the imposition of arrest on the property, etc. Very often, the borrowers simply do not open the door, they do not want to communicate with people who want to take their house. And without performing these actions (paperwork), the property cannot be transferred for sale. Advice from the New York foreclosure defense attorney, do not try to avoid talking to the foreclosure agent!
In addition, if the apartment is still sold at auction and the debt to the credit institution is closed, for the practical eviction of the debtor, the new owner of the apartment must again go to court with a statement recognizing the former owner has been evicted. This process takes place with the obligatory participation of an employee of the prosecutor’s office.
The court has the right to foreclose a house for mortgage debts, even if minor children are living in it.
NYC foreclosure defense
The responsible borrower is obliged to solve this problem before it appears. Knowing that after a certain time there will be nothing to pay for the loan, he must contact the creditor and inform in writing about the financial problems and also ask for installments, restructuring or any other way out of this situation. The application must be accompanied by supporting documents.
The bank should consider the application and documents within a month and provide information about its decision. Most often, the bank meets the debtor and changes the loan agreement. If the debtor is inactive at this stage, then he needs to wait for the consequences. To begin with, in the New York foreclosure process, the lender will send the notice to the debtor, and then file a claim with the court. So, you are also advised to get help from the New York foreclosure defense attorney for a successful outcome.
Since the property itself will be the key to the loan, in the event of non-payment, a decision will be made to foreclose the house on the mortgage to pay off the debt. It should be remembered that, unfortunately, a credit institution has all the legal grounds for doing so, but at the same time the debtor still has a chance to keep the apartment. Relying on the New York foreclosure defense practice, this can be done by “dragging out” the foreclosure. For example, with the help of New York foreclosure defense lawyer, submit a counterclaim for judicial evaluation, which will help to win a little time and find out the exact price of the property. Then you can appeal to arbitration with an appeal, which will also take some time.
New York foreclosure law is complicated. Judicial practice shows that specifically, New York foreclosure defense techniques help to win several years, during which the debtor can stabilize own financial situation, save money and ask the bank to draw up a settlement agreement, thus continuing to pay the loan.
We, at the Law Office of Yelena Sharova, P.C. have solved hundreds of cases related to the foreclosure process.
If you are in the foreclosure situation, contact us as soon as possible for professional foreclosure legal counsel in New York.