The answer, without the necessity for the question first, is that there are profound and significant breakages in the real estate market, and the administration of solutions to fix it are collapsing and show difficult short falls for the new callers and clients in our law firm.
To the unrepresented homeowner in mortgage arrears, who may be facing foreclosure or embroiled in a foreclosure action, there are repeated conflicts of interest which go largely unnoticed. These conflicts often are encouraged and combined in the court process, which many homeowners have witnessed while participating in the loan modification submissions or the foreclosure settlement conference parts. In other words, the vast majority of people facing these worrisome issues detail their financial lives and concerns to the servicers and contractors working on behalf of their lenders and investors. But those same lenders and investors decided purpose is to foreclose their homes and properties and to consult and take guidance and advice from the foreclosing attorneys’ offices throughout the process.
In comparison to other lawsuits, and for attorneys, engaging in examined disclosure with the other side is prohibited, much less the considered norm, especially where the homeowner is not represented by counsel. Central to this philosophy is the notion that such discussion is an inherently overpowering and unfair advantage. In light of the urgency to resolve the mortgage foreclosure crisis, the collective decision of the government, courts and financial institutions to routinely allow this, and to waive the treasured right of the homeowner to independent counsel, is directly responsible for the overwhelming failure of the system to right itself.
The mortgage products of the early part of this century and financial instruments which allowed so many to purchase homes and businesses we now find in need of repair. The Monday morning quarterbacks give large voice to the failures, without mentioning the families who need help, not criticism. The structure must change and only allow for success stories.
In our law firm, the shared hardship tales often start when my cell phone, 516 456 4700 , blares with a call from a homeowner, startled at their front door by a stranger who apologizes for delivering a summons and complaint. At other times, my email [email protected] delivers a telling message of photographers seeking entry or property managers talking eviction. What are your rights? Do you have to let these people into your home and business? How do we stop this madness?
We understand the seriousness of your situation. The attorneys and staff at Rubin & Licatesi, PC are dedicated to defending home and business foreclosure actions, with the experience necessary to discuss the foreclosure process and offer independent judgment and guidance to realistically appraise your personal situation.
When determining which course of action and plan might assist you to obtain the best results possible, we offer a broad conversation of recent case law and practice presenting defenses to the foreclosure action. If your lawsuit is defensible in terms of standing issues or service of process failures or perhaps loan modification submissions, you will be informed and these services will be addressed during our office consultation. Information sharing is key during the recovery process, and as your financial and economic positions recapture a healthy context, the passage of time and implementation of defenses to the foreclosure action will often counter the fallout suffered throughout our neighborhoods and communities of boarded up and abandoned houses and buildings.
Obligations of repayment and mortgage debts are values deeply ingrained in our culture. Similarly, designating the right to counsel to our homeowners in foreclosure as a definitive quality of the solution must be a foundation for the mechanism of solution to work. Our law firm, in representing clients in need of loan workouts and mortgage foreclosure defense, manages and provides legal representation to those families and business property owners who seek to rebuild their capacity and talents in the real estate market. With this care, guidance and counsel we can form a unique partnership, and implement the use of these “after market” solutions to help you…..Keep Home Your Own.