Deutsch & Schneider LLP Protects the Rights and Property of Homeowners
Our extensive experience handling thousands of such legal matters over the years allows the firm to zealously safeguard all available rights on behalf of our clients.
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Foreclosure Defense
Deutsch & Schneider LLP has represented borrowers and homeowners in defending mortgage foreclosure matters since 1960.
A Foreclosure is a Complicated Process That Must Be Precisely Followed. Lender's Often Neglect the Process
In protecting homeowner's rights in foreclosure, typical defenses include:
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Whether the plaintiff properly served the homeowner with the foreclosure papers;
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Whether the plaintiff has the right to commence the foreclosure action;
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Whether the plaintiff correctly served notices to the homeowner warning of an impending foreclosure - according to the loan terms and according to the statute
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Whether the plaintiff properly served the homeowner with the "90-day notice";
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Whether the plaintiff properly served a "default notice."
Without these predicate notices, the foreclosing lender may not be legally able to continue the foreclosure action. Next, the homeowner should review whether other defenses are available, such as the lender's acceptance of partial payments without any notice it was rejecting those payments, whether the mortgage loan terms were oppressive, or whether the loan interest rate or closing terms violated the New York Banking Law.
Other defenses can include whether the lender violated the Truth in Lending Act by not providing the three-day right to rescind notice.
We Are Committed to the Highest Level of Legal Representation and Personalized Attention
The defendant/homeowner in foreclosure is entitled to a Settlement Conference, where the lender and borrower meet and discuss the availability of a loan modification or other workout of the defaulted loan. During the Settlement Conference period, the foreclosure action does not advance. Instead, the homeowner can explore his options with the lender. These conferences typically require the homeowner to reside at the foreclosed property. In addition, a mortgage must represent a home loan affecting a 1-4 family dwelling and a loan amount not exceeding the statutory limits.
Various state and federal laws may also apply to protect the homeowner from mortgage scams, equity stripping, and predatory lending.
Homeowners who are experiencing difficulty in making their mortgage payments or are served with foreclosure papers are welcome to visit Deutsch & Schneider LLP for a consultation to find out the status of any existing action, become more familiar with the process before the Courts, or find out what options exist in addressing the lender's action and defending their rights and home under the law.
