Litigating the Foreclosure Lawsuit
The homeowner can fight the foreclosure lawsuit. The first step in doing this is filing an answer to the summons and complaint. The answer usually needs to be filed within 20 or 30 days after the homeowner is served with the summons. As part of the foreclosure defense the homeowner can make discovery demands upon the financial institution. The homeowner can seek to obtain documents and other information with regard to the underwriting of the mortgage application, the bank’s practices involving mortgages and other information related to the case. In addition, the attorney for the homeowner can engage in motion practice seeking to have the foreclosure lawsuit dismissed. If the financial institution has obtained a scheduled sale date for the homeowner’s home, an emergency Order to Show Cause can be brought in the New York State Court to obtain a stay of the foreclosure sale. In the order to show cause the homeowner must show mistakes in the foreclosure Defense process by the attorneys for the financial institution or improper action taken by the bank.
Year Established: 2000
Address: 93-17 86th Rd, Jamaica, NY 11421
Phone: (917) 775-9437