When loan payments are late, your mortgage lender must file a lawsuit to enforce the lien on the property and force you to vacate. There are a few ways you can prevent or delay a foreclosure. Here’s what you need to know about using foreclosure defense to fight foreclosure in New York.
Foreclosure Defense May Use a Variety of Tactics
Multiple tactics can be used to fight foreclosure, even if the owner has defaulted on the terms of their loan. These tactics include:
- Proving that the bank didn’t follow state regulations regarding the necessary procedures for foreclosing
- Proving that the foreclosure lacks standing by challenging who owns the loan
- Providing evidence that the mortgage servicer made a large mistake, like charging unauthorized fees or overestimating how much you need to pay to reinstate your loan
- Demonstrating that the statute of limitations expired from the time you ceased making payments and the lender initiated foreclosure proceedings
- Arguing that you didn’t receive a letter notifying you that you were in violation of your mortgage terms
- Challenging the foreclosure by claiming that unfair lending practices were used
It’s common for a foreclosure defense to use multiple tactics to prevent or delay the foreclosure. Your foreclosure defense should contain any defenses that apply to your situation.
Even if the lender did something that serves as a foreclosure defense, if the action isn’t introduced in court using the proper legal procedures, it won’t help you stop the foreclosure.
An Attorney is Needed for Foreclosure Litigation
Your foreclosure defense has a higher likelihood of success if you use an attorney with experience handling commercial foreclosure and other types of foreclosure litigation.
The laws that address foreclosure are complex and require a thorough understanding of the proper legal procedures to fight foreclosure. Your attorney can offer guidance as to what defenses will assist your case and take the necessary steps to raise these defenses in court.
Get Legal Help to Defend Yourself from Foreclosure
Contact Warren S. Dank, Esq., P.C. for more information about using foreclosure litigation to combat foreclosure.