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122. New York Foreclosure Defense Strategy

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Published on Apr 10, 2014

New York Foreclosure defense attorney Carl E. Person explains the 3 main parts of foreclosure defense in NYS: 1. Stopping payment on the mortgage when appropriate; 2. Hiring an experienced foreclosure defense attorney who demonstrates familiarity with specified subjects; and 3. Using mandatory conferencing at outset of action to apply for loan modification agreement using expert processor and look for any bad-faith negotiating activities of the bank or its attorneys, to use as later defense to the foreclosure action if a reasonable loan modification agreement is not obtained. Person lists the questions which a homeowner should ask attorneys being considered for foreclosure defense. Person explains how there are foreclosure defenses that should be raised even though the homeowner does owe the money claimed by the note owner to be owed. Person also explains the most important part of the defense, which is to engage a qualified foreclosure defense attorney on a timely basis to ensure that your answer, affirmative defenses and any counterclaims are served and filed on a timely basis, without default in the lawsuit.

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