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Although the Summons and Complaint Begin the Foreclosure Litigation, and either an Answer or a Motion to Dismiss are Advisable, There Are Still Potential Options to Resolve the Matter

The foreclosure proceeding actually starts when the lender’s attorneys file a notice of pendency and a summons and complaint with the county clerk’s office. At such time an index number for the proceeding is purchased. The lender’s attorneys then have a process serving company serve the summons and complaint on the borrowers. At attempt is made to serve the borrowers personally, but if personal service is not possible the lenders are allowed to serve by substitute service (service on another person in the household), “nail and mail” service (leaving the documents attached to the defendant’s door and thereafter mailing them), and/or mail service. The reason lenders prefer personal or substitute service is that it is much easier to prove valid service, since defendants frequently deny that they received service. The defendant then must answer or file a motion to dismiss within a relatively short time depending on how they were served.

• Consult with and Retain a Qualified and Experienced Foreclosure Solutions and Foreclosure Defense Attorney
• Stay in Your House and Do Not Panic
• Beware of Scams, Non-Attorneys Illegally Practicing Law and/or “Consultants” Who Pretend to Be Your Friend
• Potential Foreclosure Retention Solutions: Modification, Reinstatement, Payment Plan, Forbearance and/or Chapter 13
• Potential Foreclosure Non-Retention Solutions: Sale, Short-Sale, Deed-in-Lieu and/or Cash for Keys
• Answering the Summons and Complaint
• Motion to Dismiss the Summons and Complaint
• Foreclosure Settlement Conferences
• Discovery as Part of Foreclosure Defense
• Why Retain Our Law Office to Help You After Being Served with a Foreclosure Summons and Complaint?

1. Consult with and Retain a Qualified and Experienced Foreclosure Solutions and Foreclosure Defense Attorney

Obtain legal advice from an attorney and factual information from your lender – Talk to a local attorney concentrating in helping people in foreclosure to obtain legal information about your options. The Law Office of Ronald D. Weiss, P.C. is available for free consultations regarding potential foreclosure solutions, including modification and foreclosure defense The advantage of using local attorneys, like our office to negotiate on your behalf is that you can meet with us personally and stay close to the persons working on your matter so that you could potentially help them complete their tasks. Another source for information is your lender and its representatives, who sometimes may clarify what they need to reach a resolution as to the mortgage  arrears and to modify your loan.

2. Stay in Your House and Do Not Panic

You better qualify for a modification or assistance if you stay in your house and it remains your primary residence. Moving out of the house often creates more expenses for you at a time when your finances are suffering. Moving out also increases the chances that the lender assumes that the house is abandoned and boards it up, or that renters, vagrants and/or the elements do damage to the house. If your goal is to save the house, your best option is to stay and maintain the house.

3. Beware of Scams, Non-Attorneys Illegally Practicing Law and/or “Consultants” Who Pretend to Be Your Friend

There are many out of state companies alleging expertise and incredible results with modification and foreclosure resolution. Any non-local entities should be avoided since they often charge high fees for sub-standard services, after promising the homeowner amazing results. They are unable to legally represent you in court like our firm can and offer little in terms of a range of serves, other than loan modification. A local law firm, like ours, which gives a realistic assessment of your chances of modification, is a much better choice since our files are always available for review with the client and our efforts, progress and methods should be transparent, so that you know what we are doing and attempting and not kept in the dark.

4. Potential Foreclosure Retention Solutions: Modification, Reinstatement, Payment Plan, Forbearance and/or Chapter 13

Maximize your chances for a negotiated solution – By negotiating through an office, like ours, you would maximize your chances for a modification or other negotiated resolution, based on our experience, expertise and leverage as attorneys.

5. Potential Foreclosure Non-Retention Solutions: Sale, Short-Sale, Deed-in-Lieu and/or Cash for Keys

6. Answering the Summons and Complaint

In order to avoid waiving your legal defenses in a foreclosure it is essential to answer the foreclosure complaint within 20-30 days within being served. However, simply answering the complaint is only part of the foreclosure defense process. Besides answering our office engages in full litigation over the foreclosure, including: discovery, foreclosure conference appearances, response to the motion for summary judgment and other matters essential to defend our clients well in the foreclosure action. Our papers are customized for each case, so that they focus on the particular defensive strengths of each situation.

7. Motion to Dismiss the Summons and Complaint

8. Foreclosure Settlement Conferences

9. Discovery as Part of Foreclosure Defense

10. Why Retain Our Law Office to Help You After Being Served with a Foreclosure Summons and Complaint?

Please call us at (631) 271-3737, or e-mail us at weiss@ny-bankruptcy.com for a free consultation to further inquire about your legal options in a foreclosure or potential foreclosure situation.