Foreclosure is a daunting prospect, but there are legal defenses you can use depending on individual circumstances. The defenses available to you may depend on the laws where you live, and can be used to delay or halt the proceedings. In this article, we will list some common foreclosure defenses used by a Foreclosure Defense Attorney in Suffolk County NY.
A List of Defenses
Foreclosure defenses include, but are not limited to:
* Mistakes – A mortgage agreement is subject to contract laws and principles. If there is a serious mistake in the contract, it can affect a foreclosure claim’s outcome.
* Undue influence and fraud – A mortgage document cannot be created or signed under fraudulent conditions. If you think you were forced to sign an agreement under duress, that agreement could be nullified.
* Predatory lending practices – A variety of lending scams and schemes have arisen over the last few years.
* Violations of statutes – Every state has foreclosure laws, and if a lender has violated such a law, your attorney could use the violation as a defense. For example, states require lenders to send a default notice 30 days before the foreclosure process starts. If you don’t get the proper notice, the court can stop the process.
* Promissory notice issues – Only the original lender can start a foreclosure, and once the process is initiated, the lender should provide evidence of a promissory note. If such evidence cannot be provided, the foreclosure must be postponed.
Most of the above defenses do not permanently stop the foreclosure process; some only serve to restart or delay proceedings that have already begun. However, these defenses can be helpful in that they allow you more time to come up with the money to make payments.
How an Attorney can Help During a Foreclosure
If you think that you are unjustly being foreclosed upon, you should talk to a Foreclosure Defense Attorney in Suffolk County NY right away. A lawyer can use your state’s laws to defend you against unfair proceedings, and they can represent you in foreclosure court. Every state’s laws are different, and you should Visit Jeff H. Morgenstern PLLC to talk about circumstances specific to your case.
