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BRIAN D. SOLOMON, ESQ.

182 Rose Avenue
Staten Island, NY 10306

Phone: (718) 698-1287
Fax: (718) 698-2962

Click Here For Directions

Foreclosure Defense & Mortgage Modification

During these turbulent economic times, many families find that they are falling behind on their mortgages. When foreclosure is threatened, it is often thought that there is nothing that can be done to stop the process from moving forward. This is incorrect! We can stop foreclosures. We can tie foreclosures up in court for long periods of time. We sometimes are successful in convincing banks to accept loan modifications and withdraw foreclosure proceedings.

Our Office has been fighting foreclosure proceedings for years. There are several alternatives to dealing with foreclosures. It is important that you contact an attorney at the earliest possible stage when you fall behind in your mortgage to plan what type of measures you will take to deal with a potential foreclosure.

Notice of Foreclosure

If you receive a letter indicating your financial institution may be starting a foreclosure-proceeding against you, it is extremely important that you hire competent foreclosure defense lawyers as soon as possible. If you are served with a Summons and Complaint in foreclosure you have 20 days to respond to the Summons and Complaint if you are served personally. If you are served through an alternate means other than through the Summons and Complaint being personally placed in your hands, you have 30 days to respond to the Summons and Complaint in foreclosure.

Calling the attorney on the phone who served the foreclosure-papers against you is not a valid response. You must file a Formal Answer responding to each and every allegation in the complaint against you. If you have defenses, you must assert these defenses. The Verified Answer to the Summons and Complaint in foreclosure must be acknowledged before a Notary Public and served on opposing counsel and the Court.

How Long Can I Stay in My Home After Served with Summons and Complaint in Foreclosure?
The foreclosure-process can be a long and tedious process for the lender if you retain experienced foreclosure defense attorneys. The legal system does not move very quickly. Due to the current high volume of foreclosure proceedings being brought in the Metropolitan New York area, foreclosure proceedings can often take a year or two to progress from start to finish. The foreclosure-process moves much slower if you immediately retain an attorney to represent you and defend you from the foreclosure law suit.

Pre Foreclosure Notification

Before actually starting a foreclosure law suit against you, most lenders will send you a warning notice that a foreclosure-proceeding is going to be commenced. The foreclosure-process is a complicated one. The defenses to foreclosure proceedings are of a technical nature. There are defenses involved with issues concerning predatory lending practices.
Many homeowners today find they are having financial difficulty in making their mortgage-payments. Almost all banks and mortgage-companies have developed some type of mortgage modification program. These programs involve renegotiating the interest rate on a mortgage, the monthly-mortgage payments, the term of the mortgage or the principal amount due on the mortgage. All of these mortgage modification programs require filling out a variety of applications and submitting various affidavits and financial information to the financial institution.

New York State law has changed recently which requires banks that commence foreclosure proceedings against homeowners to come to court and to negotiate with the homeowner for mortgage modifications, whether they are for what is known as HAMP (Homeowner Assistance Modification Program) or the OBAMA plan or other non traditional modification or forbearance programs.
Our office is there for you every step of the way, appearing in court with you to fight for your rights.  We know in advance whether you meet the criteria for a modification and make sure all the proper documentation is provided to the bank as correctly and as quickly as possible so that your modification can be approved with as little delay as possible.

The Law Offices of Brian D. Solomon has, for many years, represented homeowners with difficulties in meeting their mortgage-obligations. We often find that the mortgage modification process, instead of being an easy way for homeowners to deal with financial difficulties, turns out to be a maze of paperwork and bureaucracy that simply gives lip service to the concept of mortgage modification. Through our efforts, we have helped numerous homeowners modify their mortgages. We protect our client if foreclosure proceedings are commenced and see to it that these proceedings do not move quickly through the court system. We seek to motivate the mortgage-company to modify the mortgage.

The main response we hear from our clients with regard to dealing with the numerous mortgage modification programs that exist is frustration! Frustration with a system that is slow and unresponsive to consumers needs. Frustration caused by financial institutions insisting on repayment of entire mortgage-loans even though the amount of the mortgage far exceeds the value of the residence the mortgage is secured on. Our job as attorneys is to help our clients and simplify this process. We submit the paperwork and applications for our clients and motivate the financial institution to be cooperative.
The ownership of a home is the most important asset for many Americans. We feel a sense of pride and accomplishment when we help a family keep their home out of foreclosure.