Important Details About Foreclosure Defense Glens Falls NY

By Kevin Williams


The main concern for most people who are facing foreclosure is the kind of defense that they will need to prevent them from losing the home. There are many defenses available for those that seek them. There are people who make the mistake of assume they can delay the process by doing nothing. This is always unnecessary and unhelpful. When considering foreclosure defense Glens Falls NY residents need to know what they will need to do.

One thing that one will need to do is identify important information about their situation. The details can help to determine the defense strategy that one must use and its suitability. Each situation is different and a professional can help to identify and implement needed solutions. Among the details one should gather are his or her employment status, tax returns and paperwork as relates to the mortgage.

A borrower can benefit from a well-defended foreclosure by not leaving the home if they are living there or continuing to collect their rent in case it was built for investment purposes. You need to get useful loan modifications that can help to bring down your balance to market value. The information that you gather should help to force the lender to settle on better terms. In the event that you let your lender take over the home, you would be forfeiting access to extremely useful protections.

The lawyer may start by filing a motion that seeks to have the motion dismissed on either legal or procedural grounds. Even when the motion is not granted, it will still have presented a perfect opportunity to ask if the lender can produce mortgage notes and documents. The lender is queries if they possess all requisite paperwork to have the foreclosure done.

The response of the lender normally presents the chance to assert affirmative defenses. This will be in essence a chance to admit you have not paid the mortgage but you do not approve of the bank foreclosing because of a reason or the other. The next stage would be the discovery phase in which the lawyer demands different documentation from the bank. They are also given a chance to question witnesses whose answers are given under oath.

Before you use an attorney, property owners can try and negotiate for a solution with the lender. This includes trying to negotiate for lower interest rate, extension of the payment period or temporary reduction of payment. If there is little or no hope of resuming payments or having your mortgage reinstated, there is the option of trying to negotiate for a short sale.

Short sales are whereby the property gets sold for less than what was owed. There are some lenders that accept deed-in-lieu-of-foreclosure in which case the owner gets to have the property transferred to the lender without any further liability. In the event that these options cannot help and you cannot reach an agreement, you can hire an attorney for representation.

It is not advisable to hire a foreclosure rescue company. These companies make attractive offers as they seek to take over your mortgage. The arrangement is to always let the homeowner keep their property in return for title of the property. They can use the title to get refinancing, then disappear with the cash.




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