• 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- 28 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- 20 readers -
    • The 90-Day Foreclosure Letter: Proving Service

      In a continuing effort to minimize homestead foreclosures in the Empire State, New York Real Property Actions and Proceedings Law (RPAPL) Section 13041 requires notice be sent to the mortgagor at least 90 days before a foreclosure action is commenced against the borrower. This provision applies no matter the type or balance of the loan and is equally applicable to lenders, assi ...

      Ronald D. Weiss, PC- 18 readers -
  • What Constitutes Good Faith Negotiations in a New York Foreclosure Case?

    As of December 15, 2009, New York promulgated a civil practice rule1 that requires the parties to a foreclosure action to participate in a mandatory settlement conference with the court within the first 60 days after service of process. The purpose of this conference is to determine whether the parties can reach an agreement to help the defendant avoid losing his or her home.

    Ronald D. Weiss, PC- 10 readers -
  • New York Foreclosure Procedure: When Will a Court Compel the Discovery of Documents?

    Barring aggressive legal intervention, the foreclosure process in New York typically takes fifteen months from a missed payment to the final sale of the homestead. This is one of the longest foreclosure processes in the United States, and because New York is a judicial foreclosure state, foreclosures can only be accomplished by filing a suit for foreclosure in the New York Stat ...

    Ronald D. Weiss, PC- 12 readers -
  • Original Notes and Loan Papers: What Does a Lender Need to Foreclose?

    Especially for new homeowners, understanding the precise nature of every mortgage related document you sign throughout the closing process can be difficult. However, even though these original documents are the keys to ownership of your real property, the more a loan interest changes hands, the higher the likelihood that these original documents may be misplaced in the process.

    Ronald D. Weiss, PC- 12 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    In order to fully grasp the sometimes alarming outcome of a foreclosure action when a lien holder violates the six (6) year statute of limitations governing such cases, it is important to understand why statutes of limitations are so prominent in real property actions. Although enacted by the legislator, as opposed to a derivative of the common law, statutes of limitations enfo ...

    Ronald D. Weiss, PC- 14 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    In order to fully grasp the sometimes alarming outcome of a foreclosure action when a lienholder violates the six (6) year statute of limitations governing such cases, it is important to understand why statutes of limitations are so prominent in real property actions. Although enacted by the legislator, as opposed to a derivative of the common law, statutes of limitations enfor ...

    Ronald D. Weiss, PC- 15 readers -
  • Triggering the Statute of Limitations in a New York Foreclosure Action

    Although the term “foreclosure” is used liberally whenever a mortgagor is unable to abide by the terms of his mortgage note, in New York, “foreclosure”1 actually refers to a supreme court lawsuit filed by the mortgage holder, traditionally a bank or finance company, against the mortgagee, traditionally a private homeowner.

    Ronald D. Weiss, PC- 9 readers -
  • Lapsing of the Statute of Limitations in New York Foreclosure Actions

    Pursuant to New York’s Civil Practice Law and Rule 231 (4), a lienholder is generally required to bring judicial action on a note secured by a mortgage on real property within six (6) years of acceleration of the mortgage note. This can be accomplished by filing a foreclosure summons and complaint in supreme court or through some clear, overt act accelerating the balance due, s ...

    Ronald D. Weiss, PC- 10 readers -
  • Options to Keep Your Home in the Face of Foreclosure

    Options to Keep Your Home in the Face of Foreclosure When you are falling more and more behind on your mortgage and receiving letters from your mortgage lender or notice that a foreclosure action has been filed, it is easy to assume that losing your home is inevitable. Too many homeowners in this situation fail to seek legal assistance because they believe that it is too lat ...

    Ronald D. Weiss, PC- 10 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- 14 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- 11 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- 14 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- 13 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 -
LawBlogs Facts
  1. listed
  2. #28 in our ranking
  3. 72 posts, read by 1,601 readers
  4. 22 readers per post
  5. 2 Posts per month
Facts last updated: (2017-09-22 22:05:10 UTC). Update Frequency for posts: 15 minutes. Posts last updated: .
Get the top posts daily into your mailbox!
Topics
See more
/2015 14th Amendment Affirmative Defense Alimony Alternative Dispute Resolution American Dream Anna Nicole Smith Aspx Automatic Stay Bank Bankruptcy Bankruptcy Discharge Bankruptcy Fraud Blog Chapter 11 Chapter 13 Chapter 7 Bankruptcy Child Support Common Law Consumer Financial Protection Bureau Contact Form Contingency Fee Counseling Credit Card Credit Counseling Credit Rating Credit Report Credit Scores Debt To Income Ratio Deutsche Bank Disability Embezzlement Fair Dealing Fannie Mae Florida Forbes Foreclosure Freddie Mac General Motors George Osborne Government Accountability Office Governor Happiness Home Affordable Modification Program Identity Theft Individual Retirement Account Individual Retirement Accounts Irs Judgment Debtor Lien Long Island Long Island Foreclosure Attorney Long Island Foreclosure Defense Lawyer Long Island Foreclosure Lawyer Loss Mitigation Married Couples Massachusetts Means Test Medical Debt Mortgage Broker Mortgage Modification Mortgage Servicer Mortgage Servicers Nassau Nassau County National Football League New Jersey New York New York Foreclosure Attorney New York Foreclosure Defense Attorney New York Foreclosure Defense Lawyer New York Knicks Obama Administration Payday Loans Personal Bankruptcy Personal Jurisdiction Predatory Predatory Lending Private Student Loans Promissory Note Real Property Repossession Revolving Credit Rockland Security Interest Short Sale Spanish Steps Suffolk Suffolk County Summary Judgment Supreme Court Test The Borrowers U.S. Bankruptcy Court United States Bankruptcy Code United States Bankruptcy Court United States Code United States Constitution Zombie