(For informational purposes only and not intended as legal advice or legal consulting.)
This is how to stop a New York foreclosure by spotting errors.
Once a homeowner spots errors that can void a foreclosure sale, then the homeowner can raise Standing.
On December 23rd, 2019 the “New York Governor Andrew Cuomo” signed this new bill that is intended to help all defendants in foreclosure court right now and can be used at any time during a foreclosure lawsuit!
Mortgage Cancellation Secrets top tips to stop a foreclosure sale date;
Review Mortgage Security Instruments – Search for clues if MERS appears in the paperwork and transferred the Note acting solely as a nominee for the original lender and for recording purposes only.
Examine Summons and Complaint – Inspect all exhibits and affidavits to determine if the mortgage lender was in possession of the Note when the foreclosure action was commenced.
Carefully review the documents to see if the affidavits reveal if the individual had personal knowledge of the information, including the mortgage lender’s business practices. These are clues to help discover if the Note was truly in possession when the foreclosure action was commenced.
Make sure that the mortgage lender properly served a 90-day notice before the foreclosure action was commenced.
These are some of the many urgent triable issues, that can be raised on a lack of Standing to stop foreclosures.
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“New York Foreclosure Defense System Forms” can be used to Vacate Judgment Of Foreclosure Sale, Dismiss Foreclosure Actions, Stay Foreclosure Sale Auction, and more!
The template forms are comprised of statutes to use New York Foreclosure Protection Bill to raise Standing issues and supporting case laws for foreclosure defense strategies on Standing in violations to Article 13 in Real Property Actions & Proceedings for ACTION TO FORECLOSE A MORTGAGE.