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Different Foreclosure Cases (and the right approach to each one)

Every foreclosure case in Long Island, New York, is one of a kind. Not two cases are the same, and both depend on a set of factors and circumstances that are different from the other. One homeowner could be the victim of a fraudulent creditor. Another might have been well off in the beginning but suffered a series of financial losses in his business. Still another was affected by a crisis in the family, causing her to be emotionally unstable, and therefore unable to faithfully pay her debts on time.

propertyWhat is the same for all cases is the fact that the mortgage owner (also called the mortgagor) should know exactly what is going on, what his rights are, and what he should do to arrive at the best possible scenario. For instance, it is not enough for the homeowner to just receive the letter summons and complaint sent to him by his creditors. Doing nothing, or blatantly ignoring it would only force the court to rule in favor of the mortgage lender (called the mortgagee), and cause the mortgagor to lose his property.

A proper Long Island foreclosure defense takes advantage of several rights that the mortgagor has. The most basic of these rights is the right to a good defense lawyer, and he should make use of this the minute he receives the summons letter. This would save him a lot of time (and money) that could instead be used in building up his case in court.

The Long Island foreclosure defense attorney then looks for loopholes in the prosecutor’s claims. He can do this in several ways. One, he can look into the documents that the mortgage company filed. Since foreclosure papers in Long Island are filled out in a very specific way, the defense attorney can study the documents and check if the company failed to do this, which can then lead to the dismissal of the case. Or, he can check if the mortgagee claims that his client owes them more than what is true.

This happens when the lending company adds bogus fees to the principal loan, or increases its monthly interest past the acceptable or agreed upon amount. If the defense proves that the mortgagee did in fact increase its fees unconstitutionally, the homeowner would then be free of his obligations to pay the remaining amount of this loan.

In Long Island, foreclosure defense attorneys could also look into the possibility of his client falling victim to a predatory lending scheme. This means that the lending company gave the homeowner a loan that he could not afford to pay. Some people, desperate to have a loan approved, would easily fall for this kind of plot. The job of the Long Island foreclosure defense lawyer is to prove that the mortgagee has in fact fooled the mortgagor and convinced him to get a loan that is impossible for him to pay with his current pay scale.

Another possible angle that could work for a Long Island foreclosure defense is the creditor promising to refinance the homeowner’s loan after a certain period of time, and then denying the latter the money when the time comes. This causes the mortgagor with little to no alternative means to pay off his debt, and force the foreclosure of his property. This scheme is considered mortgage by fraud, and the defendant could walk scot-free from court if his defense lawyer could prove the scam.

Different cases have different backgrounds, circumstances, and details. They need different defenses built for them, and have different possible outcomes waiting. But what is the same in all foreclosure defense cases is the need for the homeowner to understand what he needs to do, and then do it as best as he can, with the help of a competent lawyer that will give him advice every step of the way.