(The following is for information purposes and not legal advice)
First thing, if you have a pending foreclosure in New York you need to act fast. If you do nothing, the lender will win and you will lose. “Just that simple, do nothing you 100% will lose!”
Having a foreclosure in New York is a common thing, don’t be ashamed. Because 1 in 21 homes are in foreclosure and another 1 in 10 are at risk of foreclosure status.
Pride and embarrassment are why many homeowners do nothing and allow the mortgage lenders to foreclose against their property.
Your property is your home, it’s where you live and if you have a family living with you then you certainly understand how important it is to keep your property by staying in your home.
The most important action that every homeowner should take when receiving a foreclosure notice is to Answer!
Shockingly, thousands of mortgage lenders in New York win foreclosure lawsuits because homeowners (the defendants) simply fail to Answer and respond.
What’s even more surprising is that tons of mortgage lenders can’t even prove how they have authority as Standing to foreclose against the homeowners.
“Wait, mortgage lenders don’t always have their paperwork to properly foreclose on properties in New York?”
Yet still, mortgage lenders are able to foreclose on properties because of the homeowners (defendants in foreclosure lawsuits) failing to Answer the lawsuit.
Allowing mortgage lenders to foreclose and actually get away with foreclosing without having the correct paperwork to do so.
Before a mortgage lender can foreclose in New York they have to follow many foreclosure guidelines and statutes are put into place to make sure that mortgage lenders do just that.
The problem is the court is not going to review the mortgage lender’s paperwork to make sure that they are following foreclosure guidelines and statutes put in place.
If the mortgage lender is not following foreclosure guidelines, the court is not going to stop the foreclosure if Standing issues are not raised by the homeowners (the defendant) to stop the foreclosure.
“YES! If the homeowner doesn’t raise standing issues the mortgage lender (the plaintiff) wins!”
Did you know that in New York, there are certain pre-foreclosure notices that must be sent to the homeowner before the mortgage lender can foreclose?
When the mortgage lender is not in compliance with certain pre-foreclosure notices, they lack standing to foreclose against the homeowner??
“Yes, the notice must be sent a certain way and within a certain time-frame without this evidence, the mortgage lender lacks standing to foreclose.”
The big issue is around how the mortgage lender notifies the homeowner about the right to cure the default before the foreclosure starts.
“There have been tons of foreclosure lawsuits dismissed on lack of standing when this occurs!”
Not only that the mortgage lender must also have the standing to foreclose against the homeowner.
This is the real big deal and most mortgage lenders can’t prove how they have standing when the homeowner properly raises the issue.
What happened to most pending foreclosures in New York, was that homeowners didn’t actually raise standing issues until 30 days after the foreclosure lawsuit was commenced. When homeowners failed to introduce Standing issues within the allotted time frame, the right to do so later was deemed waived and was not allowed to be addressed later at any time during the entire court process.
Under the New York Foreclosure Protection Bill a new section 1302-a, permits a homeowner (the defendant) in a foreclosure suit to raise a defense of standing at any time in the litigation!
Say the homeowner learns that the mortgage lender wasn’t in possession of the promissory note, at the time the foreclosure lawsuit was commenced?
“No big deal??”
Well, it’s actually a really big deal and if this issue was raised on standing, the mortgage lender wouldn’t have enforceable security to foreclose.
Prior to the “New York Foreclosure Protection Bill” Senate Bill S5160, there was very little that could be done.
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The New York Foreclosure Protection Bill will allow Standing issues to be raised at any time during a foreclosure lawsuit.
The “New York Foreclosure Protection Bill” is the most powerful weapon and can be used to help homeowners facing foreclosures if presented properly.
This is what the introductory “New York Foreclosure Defense System Forms” will help to solve and train on securitization imperfections and lack of enforceable security interest against foreclosure actions in violations to Article 13 in Real Property Actions & Proceedings for ACTION TO FORECLOSE A MORTGAGE!
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Disclaimer: The New York Foreclosure Defense System Forms are for informational purposes only and not intended as legal advice. This system was created to offer template forms to educate and train individuals on Statute as written law passed by a legislative body and supporting case laws regarding raising issues of Standing in foreclosure matters in New York.