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Demystifying The Foreclosure Lawsuit

On behalf of Licatesi Law Group, LLP on Wednesday, March 14, 2012.

Ice cold winter winds popping off the heating oil bills, continuing economic downturns and bleak new job opportunities and hundreds of days in foreclosure. After several years of life in denial and still looking for gusts of fortune, our new callers to RUBIN & LICATESI PC reflect a growing and renovated presence to recapture the civil rights, protections and houses which were once owned and inhabited without peril.

The secrets of defending a mortgage foreclosure lawsuit, once well buried in the files and court records, are now openly challenged and exposed by the clients who have chosen to retain our law firm, RUBIN & LICATESI PC. The objective and focus of our law firm is to meet the clients who choose to keep their homes and businesses and to assemble a well documented understanding of the history of their lawsuit along with copies of the court records.

In the years since the avalanche of foreclosure lawsuits first began, the solutions and defenses have become a fluid source for success. Even the years of denial and neglect can be re-surfaced and serve as a springboard for preserving your home and assets. When the celebrated giants of the financial world cry of unanticipated financial shortfalls, blind-sided investor pitfalls and transparent collateral, our clients will begin to listen, remember and benefit from the echoes of mortgage foreclosure defenses.

Look at your legal and court papers. Look at your loan documents. There is a pervasive sense that the two will not match; and if this is so, take action and take thought. Become aware of these issues which are referred to as “standing” and become knowledgeable that the plaintiff who has elected to force a court ordered auction of your home must have standing to do so; it must own the note and create and submit the evidence to establish a prima facie case; otherwise it is not entitled to the relief sought.

“We cannot allow the courts in New York State to stand by idly and be party to what we now know is a deeply flawed process, especially when that process involves basic human needs, needs such as a family home during this period of economic crisis” , to quote these fundamental rights as stated by the New York Chief Judge . Robosigners, defective affidavits of merit, untrustworthy assignments and other irregularities, so often the basis of the foreclosure relationships casually fostered by banks, investors and pooled trusts, are unmasked in the halls and conferences in our law firm as we now look to fix what we know is broken.

“Under the penalty of perjury”………………. in thousands and thousands of court filed affirmations, affidavits, court orders and auctions, when challenged and the rings are hollow, frivolous allegations, fundamental and consistent misstatements and delinquent legal principals will clearly serve as meritorious foundations to restore your voice to the defense of the mortgage foreclosure lawsuit. These responses are not occasional sightings but serve as the basis of examination when a new caller and client visits with the attorneys at the law firm of RUBIN & LICATESI PC.

Mortgage loan closings consist of notes, mortgages, affidavits, truth in lending statements along with the written documents incidental to this process; all of which are representative of the lending laws and compliant responsibilities of the financial institutions. There are no DISCLAIMERS allowed. The lawyers, the banks, the courts, clerks and investors who seek their rights in a defaulted mortgage loan have lost their historical shields of indifference and will now be called upon to present their case to take your homes and businesses under the rules of full disclosure.

Demystifying the mortgage foreclosure proceeding and restoration of judicial confidence and honest disclosure are the standards which we encourage in our law firm. We will continue to support our clients to do all that they can to hold off the variations of foreclosure and pursue appropriate loan modifications and extinguishment of second liens and mortgages, and conduct full profiles of the foreclosure lawsuit. Whenever these actions secure the civil rights of a client, a solution will nudge forward and a family and client can measure the safety and security of legal representation against the fury of an eviction. When questioned if a family is benefitted by the dismissal of a foreclosure action, I don’t worry or think twice about the answer……….KEEP HOME YOUR OWN.

Verdicts & Settlements

Over One Billion in Verdicts, Settlements and Awards for Our Clients

  • $8 Million

    Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation

  • $3 Million

    Infant plaintiff sustained encephalopathy as result of DPT vaccination administered by NYC Health and Hospitals Corporation.

  • $1.7 Million

    Plaintiff was involved in a car accident resulting in multiple disc herniations requiring percutaneous fluoroscopic-guided epidural treatment and lumbar fusion laminectomy.

  • $1.3 Million

    47 year old male police officer injured as a result of surgical malpractice by an orthopedic surgeon resulting in an inability to work and permanent impairment of gait.

  • $2 Million Dollar

    Wrongful death case settled at the Appellate level, 44-year-old husband and father drowned while swimming in a municipal pool.

  • $899,940.10

    69 year old female with underlying osteoporosis and preexisting spinal degeneration awarded as a result of a motor vehicle accident causing an acute T12 fracture of her spine.

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