Dealing with a foreclosure is a daunting task for everyone. But with the help of a Long Island foreclosure defense attorney, the entire task will be easier, while assuring good defense for clients.
Many individuals question about how the entire procedure occurs. To set your expectation, the general process of dealing with the foreclosure suit with the help of a lawyer includes the following:
Just like any legal case, establishing defense in a foreclosure suit requires initial inquiries or interview with the client. A client will know impending foreclosure after receiving notifications from the lender through mail. This mail should be checked and brought to the lawyer as part of the initial planning process.
The client is supposed to bring every document related to the mortgage up to the smallest receipt together with the notice. The Long Island foreclosure defense lawyer will peruse through the documents then ask various questions to the lawyers as part of the initial query. Clients can be confident in answering their questions as lawyers commit to confidentiality. Hence, every information is safe with them and check for details that can be used as part of the defense.
Double Checking Mortgage Documents
After the initial inquiries, the lawyer will go on reading the mortgage-related documents to find out if the entries are valid and consistent with each other. The notification letter will also be double-checked to see the claimed loan amount and see if it’s a valid document to sue the client.
At this point, the lawyer may spot potential problems with the documents. One of the important parts of the documents checked is the claimed amount for foreclosure. In some cases, the amount claimed is not always the accurate computation. Some lenders tend to add additional, and usually, expensive fees on the actual loaned amount and respective interest. Since the lender can’t pay the ridiculously expensive amount, the defendant has no choice but to let the company foreclose their property. Nevertheless, the Long Island foreclosure defense attorney will find out if bogus fees were added on the claimed price, giving the client a solid defense to save his property.
Aside from the amount, proper property definition is also important. A simple change in the definition can make or break the case. The lawyer will see if there are inaccurate definitions that make the client’s property exempted from the file, resulting to the case’s dismissal.
Tons of information must be verified, but nothing will escape an expert legal counsel’s eyes.
Double Checking Procedural Errors
Apart from the document details, various procedural errors may also be used to establish your defense. A usual example of procedural error is misfiling essential mortgage detail. What most people don’t know is banks and lenders should file mortgages according to the indicated procedures by the Long Island foreclosure laws. If not, the Long Island foreclosure defense can use the error to file for dismissal and free the client from the problem.
Other procedural errors considered are inaccurate mortgage accounting, violation of consumer’s protection laws, or bringing clients in a loan through fraud. These are solid evidences that can be used against the foreclosure suit.
Strategizing Your Defense
Although foreclosure cases are deemed similar, every client has specific situations that the lawyer must consider. Hence, the lawyer will devise a defense strategy tailored to the client’s foreclosure situation and specifics. An expert legal defense knows how to work around foreclosure defense and create a defense according to the client’s best interest.
Overall, a Long Island foreclosure defense attorney knows the ins and outs of foreclosure suit. With the right professional, the client will be free from worries that come with the suit and ensure he will keep his home as an investment. In any case, the lawyer will also help in coming up with alternatives that suit the client’s case.