How do I know if I have received a foreclosure summons and complaint?

If you live in New York, Kings County, Queens County, Bronx County, New York County or Richmond County and the following language appears on a document you received with a court caption, you need to seek legal assistance immediately.

IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE MORTGAGE COMPANY WHO FILED THIS FORECLOSURE PROCEEDING AGAINST YOU AND FILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME.

SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONS AND PROTECT YOUR PROPERTY.

SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT STOP THIS FORECLOSURE.

YOU MUST RESPOND BY FILING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.

How long do I have to respond to a foreclosure lawsuit?

In Florida, when you are served with a summons in a foreclosure lawsuit, you have 20 days to respond to it.  In New York you have 20-30 days depending on the method of service.   After this 20 to 30 day period is over, your options will become very limited.  Expert foreclosure defense attorneys and lawyers suggest that you take immediate action after receiving a summons.  Get in touch with an experienced foreclosure defense attorney as soon as you are served with a foreclosure lawsuit.  Your legal rights may be severely curtailed if you take too long to respond.

When and where do Foreclosure Sales take place in New York and Florida?

According to NY and Florida law, the public will be notified of the location, time and date of a property foreclosure through a Notice of Sale.  Typically, the foreclosure sale takes place in the county courthouse under which the foreclosed property falls.  However, it may also take place at a different location if so mentioned in the Notice of Sale.

What is ‘Deed in Lieu’ of foreclosure?

The ‘Deed in Lieu’ is an agreement in which you give the deed of your home to your lender.  The lender will then cancel your loan rather than foreclose your property.  In NY, as in most states, the lender may choose to sue you to recover the deficiency, which is the difference between the amount you owe your lender and the amount he sells the house for.  So make sure that before you agree to a Deed in Lieu of foreclosure, your lender agrees to forgive the remaining amount after the sale of the house.  Deed in lieu of foreclosure is not possible if a second mortgage exists, unless it is owned by the same lender.

How can a foreclosure defense attorney help you?

An experienced foreclosure defense attorney can provide you skillful legal representation so that you can avoid foreclosure.  When you approach the law offices of the Litvin Law Firm in New York and Florida, our foreclosure defense experts will help you work out proactive foreclosure alternatives and help you save your home.  They will guide you towards the best possible alternative, such as forbearance, loan reinstatement, short sale, deed in lieu of foreclosure and modification.  Foreclosure defense attorneys at Litvin Law Firm in Florida and New York can assist you by:

• Providing you information regarding your rights and the various options.
• Representing you aggressively during negotiations.
• Making sure that you steer clear of the common legal pitfalls.

Our qualified legal help can greatly reduce the complications and stress associated with such foreclosures, and also provides assistance during the refinancing phase.

Will I be allowed to stay in my house while I am defending against a foreclosure?

Most people believe that they or their tenants will have to move out of their homes when they default on a loan or when a foreclosure lawsuit is filed.  However, this need not be the case.  Neither you nor your tenants need to move out while the defense against foreclosure is going on.  The legal expertise of the foreclosure defense attorneys at Litvin Law Firm will help you defend your case and use the time it takes to come to a resolution for you to live in the home.  The lender will not be given a sale date for the foreclosure until he can prove his case.  The owner of the title can retain possession of the property until the auction takes place.  In fact, certain laws even allow renters to stay on the property for an additional 90 days after the sale of the foreclosed property.