• The Payment And Disclosure Of Attorneys Fees In a Long Island Bankruptcy Case

      If you are having a difficult time paying your monthly bills and are considering the filing of a bankruptcy petition, it is important to gain a general understanding of how attorneys fee are charged, paid and disclosed in a Long Island bankruptcy case. The answers to these questions depend, in part on whether you intend to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy.

      Ronald D. Weiss, PC- 29 readers -
    • When Is the Right Time to Call a Foreclosure Defense Attorney?

      When Is the Right Time to Call a Foreclosure Defense Attorney? It is only natural to feel devastated to receive a legally-required notice in the mail telling you that you have 90 days to correct your mortgage delinquency or you may face a foreclosure action in New York civil court. If you do not have the funds to cure your delinquency or default, you may feel completely helpless.

      Ronald D. Weiss, PC- 26 readers -
    • Bankruptcy Credit Counseling Requirement – Is It Working?

      The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 imposes a duty on debtors to complete two debtor education courses, one as a condition precedent to filing for bankruptcy relief, and a second for later receiving a discharge of indebtedness. The stated purpose of this requirement was to have prospective debtors understand the potential alternatives to filing f ...

      Ronald D. Weiss, PC- 26 readers -
  • Who Wants a Free House? Applying Res Judicata to Foreclosure Cases

    As the backlog of judicial foreclosure cases grew substantially in recent years in states such as New York, New Jersey, and Florida, many homeowners found their cases dragging on for years or even ignored altogether by their mortgage lenders. As the statute of limitations began to run on foreclosure actions, some homeowners found themselves in a unique position – the mortgage l ...

    Ronald D. Weiss, PC- 14 readers -
  • Can You Avoid Foreclosure in New York by Filing for Bankruptcy?

    Can You Avoid Foreclosure in New York by Filing for Bankruptcy? Many people think that bankruptcy will be a cure-all for their financial problems. While there are many benefits to filing for bankruptcy in the right situation, the legal process cannot magically resolve all of your debt issues. One common question we hear is whether filing for bankruptcy will an individual who ...

    Ronald D. Weiss, PC- 12 readers -
  • Who Wants a Free House? Applying Res Judicata to Foreclosure Cases

    As the backlog of judicial foreclosure cases grew substantially in recent years in states such as New York, New Jersey, and Florida, many homeowners found their cases dragging on for years or even ignored altogether by their mortgage lenders. As the statute of limitations began to run on foreclosure actions, some homeowners found themselves in a unique position – the mortgage l ...

    Ronald D. Weiss, PC- 8 readers -
  • Rules Regarding 90-Day Notice in NY Foreclosures

    Recently, we have been discussing various aspects of the sweeping legislative changes regarding foreclosure law in New York. Here, we will examine the new changes to the 90-day notice that must be provided to homeowners before a mortgage lender can take further legal action. This pre-foreclosure notice (“RPAPL 1304 notice”)1 is provided with specific language by the New York ...

    Ronald D. Weiss, PC- 8 readers -
  • Options If Your Modification Application Was Denied

    Options If Your Modification Application Was Denied Obtaining a modification of your mortgage loan’s interest rate, loan term, or principal balance can provide substantial relief for homeowners struggling to make their mortgage payments. The application process can be complicated and can require many supporting documents.

    Ronald D. Weiss, PC- 11 readers -
  • The Expiration of HAMP: What Options do Homeowners Have Now?

    For years, the Home Affordable Modification Program (HAMP) provided a potential for relief for struggling homeowners to cure a default and to prevent the foreclosure of their home by their mortgage lender. HAMP was first enacted in 2009 as part of the Making Home Affordable (MHA) program in reaction to the subprime mortgage crisis.

    Ronald D. Weiss, PC- 10 readers -
  • The Standing Dead: Law Tackles the Plague of Zombie Properties in New York

    When the New York Knicks granted Latrell Sprewell a five-year contract extension for $62 million in 2000, he settled into a home in Purchase, NY with his own basketball court and outdoor pool, as well as a $2.3 million mortgage. The value of the home increased at one point to $5.4 million though Sprewell had no more need for the property when he was traded away from New York in 2004.

    Ronald D. Weiss, PC- 12 readers -
  • Overview of Foreclosure Bill of Rights for New York Homeowners

    Overview of Foreclosure Bill of Rights for New York Homeowners Reports indicate that in the third quarter of 2016, the average foreclosure case in New York took an average of 1,070 days to resolve. Homeowners are dragged through the wringer and subjected to delays and unproductive settlement conferences as they ride the emotional roller coaster of not knowing whether they wi ...

    Ronald D. Weiss, PC- 12 readers -
  • Using a Predatory Lending Defense Against Foreclosure in NY

    Like any type of legal claim, homeowners have the opportunity to defend against an action against them to foreclose on their homes. The specific legal defenses that may be available are dictated by New York law and the court interpretations of those laws. One potential defense is that the mortgage lender used predatory tactics in originated or servicing the loan and, therefor ...

    Ronald D. Weiss, PC- 10 readers -
  • Islip, NY Bankruptcy Attorney

    While the median income in Islip, New York is around $94,000 per year for a household,1 many residents of this town on the South Shore of Long Island are still struggling to make ends meet. Thanks to ever-rising housing prices and a cost of living well above the national average,2 many households are living below the poverty line, especially with the still not-so-stable job mar ...

    Ronald D. Weiss, PC- 8 readers -
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