When the mortgage lender (the bank or other mortgage provider) initiates legal action on your home for failure to pay the mortgage, they serve you with legal documents called a Summons and Complaint. These documents outline the case and provide you with an opportunity to respond legally in court.
You do not have long to respond. You must respond in writing within 20 to 30 days of receiving the Summons and Complaint, including weekends and holidays. Your Answer will state any defenses or explanations relevant to the legal proceedings. It is the beginning of your legal defense of your home.
It is important to speak to an experienced attorney familiar with residential litigation as soon as you receive the Summons and Complaint. Failing to respond within a short time can lead to a "default judgment" in favor of the bank or mortgage provider — meaning you could lose your home to foreclosure.
We Can Help
Rubin & Licatesi, P.C., is an experienced real estate litigation law firm familiar with foreclosure proceedings. We have helped thousands of homeowners behind on payments. We can discuss contesting the proceedings in court, including:
- The plaintiff's right to sue: We can examine whether the lender is the legal owner of the mortgage.
- Improper service of the Summons and Complaint: Lenders are required to provide you with the Summons and Complaint according to specific instructions set out in the law.
- The amount owed: You may have made partial or full payments not indicated on the Complaint.
- The failure to provide a 90 day pre-foreclosure notice: Mortgage lenders are legally obligated to give homeowners a 90 day notice prior to filing action in court.
- You are an active service member: Members of the armed forces have special protections under the law.
- Predatory lending: Lenders who engage in mortgage fraud, whether in the origination of the loan or in servicing the loan, may have the mortgage declared invalid by the court. Some examples of predatory lending include misrepresenting loan terms and loan structures involving negative amortization (having the mortgage principal increase despite making loan payments).
Call For A Free Consultation
Rubin & Licatesi, P.C., has been helping homeowners since 1981. We protect the rights of homeowners vigorously and want you to be informed of your legal rights and options. That is why we provide free consultations, so we can determine how we can help after you have told us about your circumstances.
We are respected leaders in real estate litigation throughout Long Island and New York City. Contact the foreclosure defense attorneys at Rubin & Licatesi, P.C., by calling 516-712-2969, or fill out our short online intake form.