Few people give any thought to the role of a foreclosure defense attorney, but in reality, they can be your best ally when it comes to fighting for your rights and to help keep your home permanently. Foreclosure is when your homeowner’s interest in your property can be officially terminated if you fail to make on time mortgage payments which is unfortunately a position more people are finding themselves in today. What some people don’t realize is that with foreclosure, you may not just lose your home and be asked to quickly vacate it, but that it could also negatively affect your credit rating and your ability to get a new mortgage in the future.
Living in such turbulent times with higher taxes, job uncertainty and other factors could place someone in foreclosure well before they are even aware they are in that situation. For some people caught up in divorce, having medical challenges or experiencing some other type of life trauma, a situation like this can take their attention away from their finances at a time when it matters most.
Understanding The Foreclosure Process
The day may come when a bank officer takes a look at the status of your mortgage payments and decides that you have fallen too far behind. In most states you can miss four mortgage payments before foreclosure proceedings begin, which is usually around 120 days late. This can vary by lender and state, so it’s crucial to contact your lender immediately if you are struggling to make a payment to discuss options and avoid foreclosure, no matter what your personal situation is.
Unbeknownst to you, the bank then applies to the court for a judicial sale and to have the property sold to satisfy the loan. At this point, you receive a formal “Summons and Complaint” which then requires a formal answer from you in response to each allegation. This must be filed and notarized. What happens after that and if you ultimately get to keep your home, depends on how rigorously you fight your case.
The Role of the Defense Attorney
- Evaluates all mortgage documents for completeness and accuracy
- Verifies the accuracy of the bank’s numbers and tracks the loan transaction history
- Researches the identity of the owner of your mortgage loan
- Investigates if your lender violated the law when closing your transaction
- Answers the initial Summons and Complaint within the required 30 day notice
- Fights to get you the best loan modification possible
- Puts a plan in place to diagnose, counsel and solve your current and impending financial crises
Why Hire The Law Offices of Cushner & Associates?
Having your home go into foreclosure can be a very emotional time. That’s why when protecting your most valuable asset it’s important to hire a foreclosed defense attorney who will fight for you. The Law Offices of Cushner & Associates have a varied and proven track record when it comes to successfully fighting foreclosure in both state courts and federal bankruptcy courts.
Their team of talented lawyers stay completely up-to-date on the laws, procedures and legal maneuvers required in a foreclosure matter. They are also familiar with the various Federal Loan Modification programs that have helped many individuals and families keep their homes using affordable rates and other applicable terms.
More importantly, this unique team of professionals take a keen interest in foreclosure since they are very aware of the unscrupulous banks and mortgage lenders who have learned to game the system to their advantage. Many clients in White Plains, Westchester and surrounding areas have successfully maintained rights to their property due to the passion and perseverance of the attorneys at The Law Offices of Cushner & Associates.
Sometimes it’s not just a matter of getting behind on your mortgage payments, but also a more dire situation like bankruptcy. The firm can also help individuals and small businesses overcome financial devastation through Chapter 7, 11 and 13 bankruptcies and by restructuring debt. Watch this emotional video by firm founder Todd Cushner who explains why he knows what you are going through and why he cares so much about helping others. He is an active Member of the National Association of Consumer Bankruptcy Attorneys, and is a member in good standing of the New York State Bar Association, the Westchester Bar Association, the Hudson Valley Bankruptcy Bar and the Justice Louis Brandeis Law Society.
If you have been experiencing difficulties in making proper and timely mortgage payments, don’t get further behind. Now is the time to contact the office for a free consultation. It’s not just a matter of maintaining the rights to your home, but also keeping your self respect and dignity. Under the right circumstances, anything is possible!
