Thursday, May 22, 2014

New York: Finding a Good Foreclosure Attorney

Finding a good foreclosure defense attorney like any other endeavor in life requires some research. Foreclosure defense is a specialized field and as a general rule you want an attorney who for the most part concentrates only on foreclosures. In your research you must keep in mind several things.

Is the attorney focused on clients who are strictly facing foreclosures or does he also have other clients such as banks and mortgage lenders? If the answer to that question is yes, then you have to consider that the attorney not only handles individual clients but may be also representing the banks and mortgage lenders. It does in many ways represent a conundrum for the attorney and a conflict of interest. In this case it may not be the best attorney for you since he may be representing split interests and that may not always work out to your advantage. Be aware that attorneys that work in large firms or law partnerships may have only defense clients but other attorneys in that same firm may be representing clients on the other side of the equation. His first loyalty is to the firm not the client.

Does the attorney have a good track record? Not all attorneys are created equal and simply because an attorney practices in one field you need to look at his track record. How successful is he in his litigation? There are many foreclosure attorney mills out there and though they litigate for their clients it is not money well spent if at the end of the day you still end up losing your home or end up with a situation which is only slightly better than the situation you started with. As with any other product, it is buyer beware.

There are many options for a person in the early stages of foreclosure. The buyer must decide what he wants to do. At the same time he needs a competent attorney with a successful track record and years of experience in litigation in the field to advice him of the many options that he has available to him that he hasn't even thought of. Only an attorney who has had only clients who are the recipients of foreclosure actions has experience in the very wide and numerous options that can be put forth in defense. This is something that you should always keep in mind.

How much is it going to cost? This is of course, the most important question. A very few attorneys offer Cadillac services for Chevrolet prices and are very successful at representing their clients. many of these attorneys and they are very few are fighting a crusade against the goliaths of the finance industry. The key is to find that attorney. Costs vary depending on the type of defense that is initiated and how long it drags on. When you call, your first question after you have diligently explained your situation is to get an estimate of how much such a defense will cost at least in the short term.

Finally, be aware that there are a lot of firms who make promises they cannot keep and claims they cannot back up. As in any area you can find both dishonest and dishonest people. In foreclosure defense it is no different. I hope this general guideline is helpful to the reader. We have stayed away from specifics because every individual situation is different.


Friday, May 9, 2014

New York state: Three Parts to Foreclosure Defense

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.

Wednesday, April 24, 2013

How YOU can stop paying your Student Loans..

Millions of students are needlessly paying their student loans which are “under water” — ie, where the amount owed is greater than the value of the higher education purchased with the loans. Borrowers can’t earn enough to pay theirstudent loans and pay for their reasonable living expenses. The borrowers should do what homeowners do when their mortgages are under water — which is to stop paying their loans, get into a court setting, and negotiate for a reduced loan (in principal amount as well as monthly interest). Attorney Carl Person also produced the first and successful video “Stop Paying Your Mortgage!”. Although government student loans are almost impossible to shed in bankruptcy, you can go into court by suing your banks to terminate the student loans on various legal grounds and expect to have an opportunity to settle your case in a way that eliminates or substantially reduces your loan, depending on the facts of your case. Get rid of student loans by stopping payment; suing the banks, and then settling the lawsuit. Stop being an economic slave to the banks.


Saturday, April 20, 2013

Using the Courts to Fight a California or Other Non-Judicial Foreclosure

California real property foreclosures are totally different from foreclosures in New York and many other states. The reason is that more than 99% of the California foreclosures take place without a court action, in a proceeding called a "non-judicial foreclosure". Twenty-one states do not have a non-judicial foreclosure. [These states are CT, DE, FL, IL, IN, KS, KY, LA, ME, MD, MA, NE, NJ, NM, NY, ND, OH, PA, SC, UT, VT. - Source:] In California, the lending institution can go through a non-judicial foreclosure in about 4 months from the date of the filing and recording of a "Notice of Default", ending in a sale of the property without any court getting involved. The California homeowner can stop the sale by making full payment of all alleged arrears no later than 5 days prior to the scheduled sale. Unlike a judicial foreclosure, the homeowner will have no right to redeem the property after the sale ("equity of redemption", usually a one-year period after judicial foreclosure and sale).  

The problem I am going to analyze and discuss is under what circumstances can a homeowner/mortgagor go into court to obtain some type of judicial relief for wrongful or illegal conduct by the lender or others relating to the property and mortgage. My discussion applies as to all states in which non-judicial foreclosures are permitted.
There are three distinct stages that need to be separately discussed. These stages are the borrower's current situation. The three stages are:
  1. Homeowner is not in any mortgage arrears [declaratory judgment action]
  2. Homeowner is behind in mortgage payments - at least 5 days before auction [injunction action, which could even be called an action by a homeowner to "foreclose" upon or eliminate the lending institution's mortgage security interest]
  3. Property was sold at auction [wrongful foreclosure action]

To continue reading see entire article here..

Also, watch the video below....

Mention this blog if you call..

Nevada and Florida lead the country in foreclosure rates...

In an article at The listing for the top states with the highest foreclosure rates put Nevada followed by Florida at the top of the list. If you are in one of the states on the list and are about to be foreclosed you should watch the video below by attorney Carl Person. As one of the top foreclosure defense attorneys in the nation he offers sound advice for those who find themselves in the situation of either being in danger of foreclosure or having been served papers.

Sunday, April 14, 2013

New York: Over a quarter million homes expected to face foreclosure this year..

In this video Carl Person describes the crisis in foreclosure actions in New York. If you are a homeowner facing foreclosure and landed on this blogg. I strongly urge you to view the video below and then go to our past blog post located HERE.. and call the number in the video. Invest 10 minutes of your time. The consultation is FREE. You have nothing to lose and everything to gain by saving your home. Carl Person is one of the top foreclosure attorneys in the country offering Cadillac services at chevrolet prices. Invest the time and call....

Thursday, April 11, 2013

For Homeowners Seeking to Avoid Foreclosure and Sale

This video explains how attorney Carl Person provides his legal opinion (for homeowners or their attorneys) on what activities in court, if any, are most appropriate for trying to save a homeowner's property from threatened foreclosure and sale (even reversing a sale after it has occurred); the process is in two steps, with the first step being the gathering by the homeowner or a "Document Gatherer" intermediary (such as a securitization auditor or title searcher) of about 10 categories of documents (described in the video) needed by Person for his complete review and opinion on what legal activities if anything can be done at this stage of foreclosure. Person recognizes that prior attempts to help a homeowner by non-attorneys or by attorneys unskilled in foreclosure defense might have prejudiced the homeowners' opportunities to obtain a principal or interest reduction. 

Person describes a variety of variables that can account for grant to some and denial to others of a workable loan modification agreement. Person estimates that it takes him about 1 hour and 20 minutes to perform his review and to develop and summarize his conclusions (or litigation game plan) to the homeowners, or to tell them that there is nothing they can do, if that is the case. 

Person believes that, with so many well-meaning but less than fully skilled persons trying to sell their services to troubled homeowners, homeowners need someone to step back and look at everything that has been done (or has not been done) and make a legal assessment of what can still be done in the courts to stop a threatened foreclosure, if anything at all.