STOP FORECLOSURE IN NEW YORK WITH OUR FORECLOSURE LAWYERS

The foreclosure defense lawyers at GUTTMANN & KELLNER, P.C. are trained former prosecutors with more than 50 years combined trial experience. Let us defend you and your home. There is a difference. We are litigators who are not afraid to fight for you in Court!

New York Real Estate Foreclosure Process

If you have recently been served with a summons in a foreclosure action in New York, your lender has commenced the process to take your house IF YOU IGNORE THE SUMMONS AND COMPLAINT WHEN IT IS SERVED, YOU COULD LOSE VALUABLE RIGHTS WHICH YOU CANNOT GET BACK!

The foreclosure defense lawyers at GUTTMANN & KELLNER, P.C. have the experience to fight foreclosure at every step of the process.  Before the bank serves its Summons and Complaint for  foreclosure it must provide you with a 90 day notice of their intent to initiate foreclosure proceedings. Additionally, service must be lawfully made. GUTTMANN & KELLNER, P.C. will submit an Answer to the Bank's Complaint. By doing so the Court will order mandatory settlement conferences in foreclosure proceedings. Our foreclosure defense attorneys will prepare your case for these all important settlement conferences and an attorney from GUTTMANN & KELLNER, P.C. will attend each and every conference with you with the objective of reaching a Court sanctioned agreement so that you may remain in your home.

FIGHT BACK!

Counter-suing the Bank for Financial Restitution

Banks are required to follow very strict rules and procedures when commencing foreclosure actions and often they do not bring the lawsuits correctly.

Besides the numerous defenses that can be submitted in an answer to a foreclosure proceeding, it is also possible to countersue the bank. The counterclaims against the bank can relate to ''truth in lending'' violations, predatory lending practices, fraud and other civil lawsuits. Under certain circumstances bringing a countersuit against the bank within the foreclosure proceedings, is appropriate and while you are fighting foreclosure you will remain in your home.

Within the last decade overly aggressive and faulty loans were made and then sold to brokerage houses and wider markets. Quite simply, loans were made in sums that should not have been authorized and the banks and the mortgage brokers knew this. As a result, many borrowers may have been deemed qualified for too large of a loan and the banks just didn't care, so long as they made their money and the brokers made their commission.

More options:

DEED-IN -LIEU
A Deed-in-Lieu is essentially giving the house back to your lender and walking away from the house and the mortgage. This avoids the foreclosure litigation and the borrow is immediately released from any indebtedness associated with the home. Giving a Deed-in-Lieu should avoid a foreclosure appearing on a credit report and may be less damaging to the borrower's credit. Lenders may accept a deed in lieu of foreclosure because accepting the deed may be easier and faster than going through the foreclosure process. The Bank takes control of the home immediately -- instead of allowing the borrower to live there without paying during the foreclosure process.

GUTTMANN & KELLNER, P.C. will contact your lender to explore whether or not it will accept a deed in lieu of foreclosure. We are not mortgage brokers or real estate salesmen. GUTTMANN & KELLNER P.C. is a Long Island based law firm. We are former prosecutors trained in negotiation and litigation, with over a combined 50 years trial experience.

SHORT SALE
A short sale results when a property is sold for less than is owed and the lender agrees to accept the sales amount even though the outstanding balance is not fully paid. In today's financial climate, many homeowners find that there mortgage far exceeds the value of their house.

To qualify for a short sale homeowners must convince the bank that this makes sense for all parties. The bank gets a good part of its money quickly without initiating time-consuming foreclosure litigation and the homeowner gets out from an oppressive mortgage and can move on with life. One important advantage of a short sale is that once the lender accepts the payment in full satisfaction of the outstanding mortgage, there will be no deficiency judgment. In order to pursue a short sale, you will often need to have a purchaser in place and demonstrate to the bank that you face extreme financial hardship/insolvency. You will also need to demonstrate fair value in the short sale sales price and reasonableness in the closing costs you seek to have paid from the sale before the balance reverts to the bank.

GUTTMANN & KELLNER, P.C. will negotiate all the terms of the short sale and walk you through the process. We are not mortgage brokers or real estate salesmen. GUTTMANN & KELLNER P.C. is a Long Island based law firm. with decades of negotiation and litigation experience and over a combined 50 years of trial experience.

Contact Our Home Foreclosure Lawyers

The foreclosure defense lawyers at GUTTMANN & KELLNER, P.C. are ready to defend you and your home.

Call (631) 360-2175 to speak with our New York foreclosure lawyers today.

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