Foreclosure Defense and Litigation

To homeowners, foreclosure is more than a little intimidating- not only does it threaten your livelihood or home, but it also involve copious amounts of dense legal jargon. We know how stressful foreclosure is and seek to alleviate the heartache by formulating a plan to save your home or place of work. Experience in defending past clients has gifted us extensive knowledge in foreclosure litigation and foreclosure defense; we can help you too.  

We at the Law Office of Marc Scolnick know that finding the right attorney to represent you is a choice not to be taken lightly. That’s why we offer free consultations to walk you through your needs, the scope of your goals, and your budget.

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Foreclosure Defense, Loss Mitigation, and Mortgage Modifications

FORECLOSURE SETTLEMENT CONFERENCE

Many states have mediation programs to assist borrowers in finding ways to avoid foreclosure. New York has one such program that allows borrowers to attend a face-to-face meeting with their lender at what is called a foreclosure "settlement conference.” The settlement conference provides an opportunity to work out a deal with your lender before the foreclosure is completed. At the settlement conference, we will do everything in our power to help you keep your home. We will relentlessly advocate for you throughout the settlement process, as well as, propose creative solutions to ensure that you are put in the best possible position. Fill out our contact form below, or call our office, to schedule your free consultation.

FORECLOSURE AND LITIGATION

With our thorough understanding of local property markets and commercial mortgage lending practices, we aggressively advocate for borrowers and fight for their interests in real estate workouts and enforcement proceedings. If a settlement cannot be reached, litigation may arise during your foreclosure case. This commonly occurs as a result of the following issues: service of the summons and complaint, mistakes relating to assignments or servicing of the mortgage, failing to appear to the initial settlement conference, or when a deceased person is on the loan and the surviving family needs the letters of administration. Our office will fight for you against the bank or lending institution which holds your mortgage and seeks to foreclose on you. If you are a borrower who needs a lawyer’s advice in a residential or commercial mortgage foreclosure dispute, fill out our contact form or call our office for a free consultation.

LOSS MITIGATION

New York is among a handful of places in the United States that offers foreclosure mediation and loss mitigation as a part of the bankruptcy process. Both the SDNY (Southern District New York), and the EDNY (Eastern District New York) offer foreclosure prevention programs designed to help debtors filing for bankruptcy avoid foreclosure. Debtors who have filed for bankruptcy to avoid a foreclosure might benefit significantly because the process requires good faith participation by creditors who are authorized to enter into binding agreements. If you allow us to represent you, we will negotiate on your behalf and fight to obtain you a loan modification, refinancing, forbearance, or a short sale. We can also help chapter 13 debtors who are facing foreclosure. Protect your financial future by filling out the contact form below or by calling our office to schedule your free consultation.