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If your home is in default or if it is in
foreclosure, we will represent you against the banks. We will review your case
and your documents to decide the appropriate legal defense and/or to negotiate
with the banks through a variety of options that are available.
One response to a foreclosure proceeding is to
litigate with the mortgage holder. Our firm can help the client answer the
summons and complaint that initiate the foreclosure proceeding. This needs to be
done within 20-30 days after service of the summons and complaint. Such answer
is one out of several documents that are usually filed as part of a foreclosure
defense. Other documents include a motion to dismiss, if applicable, and a
response to a motion for summary judgment. At the end of a foreclosure
proceeding, before a foreclosure sale date takes place, our firm can represent
the client with an Order to Show Cause to stay the foreclosure sale.
Defending the foreclosure proceeding allows
the client to assert any defenses they may have to the manner in which such
foreclosure was initiated or as to other issues involving the mortgage. A
foreclosure defense also gives the client and our firm notice as to the status
of the foreclosure proceeding and prolongs the proceeding. In some instances a
client may have a strong defense, which may cause a foreclosure action to be
dismissed. If there are legal issues with your mortgage and/or with the
foreclosure action that are either substantive or technical in nature, defending
the foreclosure action can result in more time in the foreclosure process to
find other solutions.
If the client retains The Law Office of Darren
Aronow, P.C. in the early stages of the foreclosure, the Plaintiff's Summons and
Complaint can be answered and other documents responded to, resulting in a
contested proceeding that will protect the client's rights, allow the client to
receive all notices and documents, and enlarge the time necessary for the
mortgage holder to proceed with its foreclosure case. Even if you are past the
20-30 days available to answer after receipt of service of the Summons and
Complaint, The Law Office of Darren Aronow, P.C. can move to enlarge such time
under appropriate circumstances. As the foreclosure litigation progresses the
Plaintiff's other papers, including the Motion for Summary Judgment, can be
opposed.
If a foreclosure has proceeded to a
foreclosure sale, an emergency Order to Show Cause, in the appropriate
circumstances, can stay the foreclosure sale and/or the transfer of the deed.
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