New York Foreclosure Attorney Provides Assistance During Life’s Tough Times
Within the past ten years, Americans across the country and in the State of New York saw their dreams disappear, their earnings wiped out, and family homes they had saved for foreclosed upon as the nation’s economy entered the Great Recession. But, foreclosure is not limited to times of economic recession or depression: any time a homeowner has defaulted on his or her mortgage, the lender may initiate foreclosure procedures in order to recover ownership and possession of the property.
Homeowners facing foreclosure are often out of options and may feel as if it is futile to fight. Before throwing in the towel, however, talk with the New York foreclosure law firm of Mehra Law Group. Even during this time, you have legal rights that can be asserted: Mehra Law Group can assist you in doing so.
The Foreclosure Process in a Nutshell
By the time foreclosure proceedings are initiated, the homeowner has missed several months of mortgage payments and other collection efforts have failed. Before initiating foreclosure proceedings, the homeowner must be provided a letter at least 90 days before proceedings are initiated indicating that the lender intends to foreclose on the home. Then:
- A summons and complaint are filed along with an affidavit of service, request for judicial intervention, and attorney affirmation;
- The borrower has a limited opportunity to file an answer to the complaint and assert any defenses he or she may have to the foreclosure action;
- A settlement conference is held within 60 days of service of the complaint on the homeowner and includes the court, the lender, and the homeowner. The purpose is to see if there is a way the dispute can be resolved without a trial;
- The parties will conduct discovery (obtaining information, evidence, and depositions, for example) if no settlement is reached;
- The court will hear dispositive motions, if there are any, that may resolve the dispute without a trial; and
- A trial will be held if no dispositive motions are filed or if such motions are denied by the court.