Law Firm Provides Aggressive Foreclosure Defense in Middletown, NY
Experience matters when you’re choosing an attorney to save your home
In the past, it was almost always a given that a lender could successfully foreclose on your property. Quite the opposite is true today. The attorneys at M. Cabrera & Associates, PC have extensive experience handling foreclosure defense. Facing a foreclosure alone or with an inexperienced lawyer can be a financially devastating mistake.
We provide effective defenses to a foreclosure action
At M. Cabrera & Associates, PC, we are determined to mount a successful defense to your foreclosure action. You can be confident that we will use every resource available to protect your home. Effective defenses to a foreclosure action include:
- Failure to have proper documentation. It is often difficult for the lender to prove that it actually owns the mortgage. If the original lender assigned your loan to another institution, the assignment may be improperly documented or legally insufficient. If the foreclosure complaint that was served on you did not have the proper documents attached, that’s often a sign that the lender couldn’t come up with the documents.
- Unconscionable mortgage terms. If the terms of your mortgage are so unfair that they "shock the conscience” of the court, you have a valid defense to your foreclosure action.
- You are in the military. If you're in the military and on active duty, the Servicemembers Civil Relief Act (SCRA) provides you with special protections, including a provision that forbids a lender from evicting your family while you are on active duty. Also, if a foreclosure is initiated while you're on active duty, you automatically receive a nine-month postponement of the proceeding if you request it.
- Foreclosing party failed to follow state procedures. You may be able to challenge your foreclosure if the lender failed to follow New York’s procedural requirements for bringing a foreclosure action.
- Lender engaged in unfair lending practices. You may be able to fight your foreclosure by proving that your lender violated a federal or state law designed to protect borrowers from illegal lending practices.
- Short sales or mortgage loan modification. There are alternatives to foreclosure, such as a short sale or mortgage loan modification. These alternatives allow the lender to obtain payments without the time and expense of a foreclosure action. If you negotiate with your mortgage lender, you may be allowed to sell the house for less than what is owed on the mortgage (a “short sale”). Your lender may also agree to modify your mortgage to more realistic payment terms.
- Bankruptcy. A homeowner can file a Chapter 13 bankruptcy case, which halts a foreclosure action. The Chapter 13 proceeding allows individuals with a regular source of income to adjust their debt. This can be an especially powerful tool for dealing with a second or third mortgage.
Our law firm explores every option for stopping a foreclosure and saving your home. Whether you need debt settlement assistance or an aggressive trial attorney, we are ready to help you.
Schedule a free initial consultation with a New York foreclosure defense attorney
When your home is at stake, you need an attorney with a record of success. Contact us online or call 845.533.3855 to schedule a free consultation to discuss your foreclosure case. Our offices are conveniently located in Middletown and Suffern, NY.