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Real Estate Archives

HOW TO FIGHT FORECLOSURE WHEN YOUR BANK TRIES TO USE ROBO-WITNESSES

As our law firm continues to defend our clients in their fight to preserve and protect their civil and property rights in residential mortgage foreclosure actions, the banks' use of "robo-signers" to prepare foreclosure documents remains a viable and significant defense to our clients. Courts must rule upon the lender's actions when its employees, with no knowledge of the circumstances of a particular mortgage, purported to give evidence and affidavits on lawsuits that they did not even review before signing the foreclosure documents. The courts are required to rule upon the legitimacy and legality of these types of activities.

NEW YORK FORECLOSURE DEFENSE ATTORNEYS PROTECT CLIENT FROM LOSING HOME

On March 29, 2013, the Appellate Division, 2nd Judicial Department, Supreme Court of the State of New York ruled that the order denying the dismissal of the complaint, all relative to the foreclosure on the mortgage of Patricia Hamilton's home should be reversed. Ms. Hamilton's home in Westchester County was foreclosed upon in a foreclosure auction. She turned to the attorneys at Rubin & Licatesi, P.C. for help.

LONG ISLAND REAL ESTATE LAWYER RICHARD RUBIN OF RUBIN & LICATESI, P.C. SECURES DISMISSAL OF FORECLOSURE PROCEEDINGS ON BEHALF OF CLIENT

Long Island real estate lawyers Rubin & Licatesi, P.C. secured the dismissal of foreclosure proceedings on behalf of their client Mohammad Alam (Hon. Robert J. McDonald, NY Supreme Court, Queens County, Index No. 15637/08, 3/21/13).According to court documents, Rubin & Licatesi, P.C. showed that applicable law provided that if a plaintiff fails to follow the law concerning the entry of a judgment after default , the court has to dismiss the complaint as abandoned unless cause is shown otherwise. Plaintiff initiated a mortgage foreclosure action years ago which lay dormant and when action was started, the clients sought the legal representation of Rubin & Licatesi PC. The favorable decision resulted in the court's dismissal of the complaint against the client on June 27, 2013 and after continued litigation by the plaintiff Freedom Mortgage Corp., on November 19, 2013 the Court re-affirmed its earlier decision."In this case, as in many homeowners' foreclosures, our client's home and property were at risk, jeopardizing the foundation of their family life and adding to the struggles that so many are facing today. In our law firm, we focus on protecting the rights of homeowners. We are pleased to advise of the successful decision in this matter," said Richard Harris Rubin, Esq., member of Rubin & Licatesi, P.C.Richard Harris Rubin, Esq., who was admitted to the New York State Bar and U.S. Federal Courts in 1976, holds a J.D. from Rutgers University School of Law (1975). His practice focuses on real estate law and contract and closing files, with a broad based interest in representing those homeowners and businesses fighting the ravages of mortgage foreclosure actions and providing his clients with a sense of financial and legal advocacy.During economically difficult times, many people face financial troubles and home foreclosures. With the help of the foreclosure defense attorneys at Rubin & Licatesi, P.C., you can get the second chance you deserve. 

JURY TRIAL DEMANDED

At long last, the much dreaded knock on your front door, many times at a somewhat odd hour of the day or perhaps even on your day of rest, from an unknown individual seeking only to greet you and introduce you to a lawsuit in Supreme Court. Your name will be prominently and most publicly proclaimed as a defendant wherein your lender is seeking redress for injuries and damages it sustained and now wishes to foreclose upon your home or business property.

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Rubin & Licatesi, P.C.
591 Stewart Avenue 4th Floor
Garden City, NY 11530

Phone: 516-712-2969
Fax: 516-227-3374
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3857 Kings Highway Suite 1F
Brooklyn, NY 11234

Phone: 516-712-2969
Phone: 718-712-6864
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3585 East Tremont Avenue
Bronx, NY 10465

Phone: 914-259-8174
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