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.