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Foreclosure Defense

 

We will:

Loan Modifications * Short Sale * Foreclosure & Bankruptcy Defense
Foreclosure Defense * Chapter 7 Bankruptcy * Chapter 13 Bankruptcy * Loan Mod Tips
Stopping Creditor Harassment * Debt Negotiation * Bankruptcy Litigation

The attorneys at Castiglia-Rubinstein & Associates are amongst the top foreclosure defense attorneys in all of Suffolk, Nassau, Queens, Brooklyn, Staten Island, and the Bronx, in New York. If you are facing foreclosure in New York, on your residential or commercial first mortgage, second mortgage, or your home equity loan, we can help. Our foreclosure defense lawyers will help you save your home from bank foreclosure and fight against your mortgage lender, private mortgage loan investor, and mortgage loan servicing company; we can help you and your family save your home from foreclosure.

We can stop your foreclosure sale date, even if you have been served with a motion for an order of referee on your primary home or investment rental property. Our attorneys are trained in foreclosure defense strategies and mortgage loan settlement conference procedures. Our goal is to help you and your family save your home from foreclosure, and not just “Buy you More Time” in your home. We can actually help stop the foreclosure process and then we can help you get qualified for a home mortgage loan modification through your mortgage lender.

Our background is entrenched in mortgage hedge funds. We had helped charter and start a mortgage hedge fund called HPC, GmbH. We the law firm of Castiglia-Rubinstein & Associates have been the legal counsel for mortgage hedge funds, advising mortgage hedge funds on issues like foreclosure for many years, so you can rest assured, knowing that we have a handle on the entire foreclosure process, and the ins and outs from the prospective of an attorney representing the mortgage lender. Our extensive knowledge of mortgage hedge funds has helped us better represent the individual mortgage holders that we represent like yourself. Since 2006 we have been on the other side of the fence, the right side of the fence; which is your side of the fence. We are very aggressive in our fight against the banks when we represent victims of foreclosure like yourself.

Avoiding Foreclosure. Legal Defense Strategies and Considering All of Your Options.

Loan Modifications * Short Sale * Foreclosure & Bankruptcy Defense
Foreclosure Defense * Chapter 7 Bankruptcy * Chapter 13 Bankruptcy * Loan Mod Tips
Stopping Creditor Harassment * Debt Negotiation * Bankruptcy Litigation

Depending on the attorney that you choose and the specifics of your mortgage, one of the following may be your best legal defense and foreclosure procedure option for avoiding foreclosure of your home:

  • Produce the Note Strategy (Many foreclosures are happening illegally.  Mortgage Lenders         are attempting to foreclose without the legal right to do so.)
  • Fraudulent Mortgage Assignments & Robo Signing (There are over 62 Million Mortgages that have been fraudulently signed through the use of Robo Signing.)
  • Invalid Assignment (Assignments not done correctly are invalid. Without proper assignment it is questionable if a lender has the actual right to foreclose.)
  • Affidavit under Penalty of Perjury (you can stop your foreclosure if your bank does not produce proof that an employee of the bank or the bank’s attorney have proof of an attest to the truthfulness of the mortgage documents on record under penalty of perjury.)
  • Failure to join necessary parties (if there are certain discrepancies in the mortgage transfer paperwork of your original lender making a transfer to a new lender you may have grounds for an action to stop your foreclosure. Your lender must bring in all necessary parties in order to foreclosure on your home. This defense is usually used in any circumstance where there are potential errors in your chain of title.)
  • MERS (Mortgage Electronic Registration System, flawed assignments and sketchy mortgage          ownership could help you win your foreclosure case if there had been an improper MERS mortgage assignment.)
  • Is there a Trust Involved in the Transfer? (If your lender intended to transfer your           mortgage to a trust they only have 90 days from the start date of the trust to do so. If there is no assignment during the 90-day PSA period commenced from the start date of the Trust then your Bank has no standing to foreclose and you may have grounds to win your case.) 
  • RPAPL 1303 (If you have been served, your notice must include the notice on Colored paper and the title of the notice must be 20- point type and in bold, the body of the notice must be 14-point type and bold and the entire notice must be 1 page only. If not you may have legal standing to win your foreclosure case.)
  • RPAPL 1304 (A specific 90 Day Notice must be sent prior to foreclosure. This notice must be sent twice. Once by certified mail return receipt requested and a second time first class mail. Including in it information informing you of at least five local United State Department of Housing and Urban Development [HUD] Approved Housing Counseling Agencies. If any part of this is done incorrectly by the lender or the lenders attorney it could give you standing to win your foreclosure case.)

Our team of trained Foreclosure Attorneys can help with the following:

  • Stop foreclosure and Stop the foreclosure sale date.
  • Stop foreclosure with a loan modification.
  • Foreclosure Defense Attorney.
  • Second Mortgage Loan Modification.
  • Stop foreclosure with a short sale.
  • Second Lien Discharge / Second Mortgage Lien Forgiveness.
  • Stop foreclosure with a chapter 13 bankruptcy.
  • Stop foreclosure with a chapter 7 bankruptcy.
  • Stop foreclosure through lien stripping.
  • Commercial and Business Property Foreclosure Defense Attorney.
  • Investment and Rental Property Foreclosure Defense Attorney.

We work to stop foreclosures to protect your home and to help you save your credit. If you lose your home through foreclosure, your credit will be adversely affected and a record of it will appear on your credit report (FICO score) for 10 years. So it is advantageous to avoid foreclosure at all costs. Additionally, it can take 6 or more years to obtain financing again through the Federal Home Loan Mortgage Corporation (Freddie Mac) or the Federal National Mortgage Association (Fannie Mae). The law office of Castiglia-Rubinstein and Associates provides a wide range of foreclosure stopping services. We represent clients with commercial and residential property in foreclosure; helping with stopping foreclosure and effecting loan modifications. Our attorneys are not only trained in handling simple foreclosure matters, we take care of complex foreclosure litigation in the event of a foreclosure sale date or getting served with a summons and complaint or an order of a referee in Nassau County, Suffolk County, Queens County, Bronx County, Westchester County, Richmond County, Manhattan and Brooklyn Kings County New York. From initial negotiations to stopping the foreclosure sale date, including drafting of documents, monitoring contingency periods, and a possible short sale (if you want to sell) and closing issues such as pre-possession agreements. At the law offices of Castiglia-Rubinstein & Associates, we are there for you and your family. Understanding the financial and legal issues involved in home foreclosure is essential in evaluating the options available to you. If you’ve fallen behind on your mortgage or are struggling to pay your monthly installment and other credit card bills, contact the understanding foreclosure help attorneys at the Law offices of Castiglia-Rubinstein and stop your foreclosure today.

Some Considerations….. First and Second Mortgages and Foreclosures

If you have a first or second mortgage on your home or you have taken out a home equity loan, certain considerations come into play if you decide to pursue a short sale in lieu of a foreclosure. In general, if you decide to work out a short sale with your lender, the bank can ask you to pay the difference between what you sold your house for and what you owed on your original mortgage. If you are not protected by anti-deficiency provisions, the lender can pursue you for any losses they take on your first mortgage, second mortgage or home equity loan. Depending on your situation, your first mortgage, second mortgage, or home equity loan may be dis-chargeable in bankruptcy or there may be dire tax consequences if you foreclose on a first mortgage, second mortgage or home equity line of credit.   Contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today to discuss your options for your first mortgage, second mortgage or home equity line of credit.

Chapter 13 Bankruptcy and Foreclosure

People who don’t qualify for Chapter 7 bankruptcy usually have a choice to file under Chapter 13 bankruptcy. Unlike Chapter 7 bankruptcy which wipes out unsecured debt, Chapter 13 bankruptcy will require you to repay a percentage of what you owe over a 3- to 5-year period, depending upon your net monthly disposable income. It will be necessary to submit a repayment plan for approval by the court and your creditors.

As part of your repayment plan, you can include past-due mortgage payments and reduce other monthly bills into one manageable payment. Accordingly, people who file Chapter 13 bankruptcy are often able to avoid foreclosure. Additionally, once you file for bankruptcy, an automatic stay is placed on any foreclosure or collection actions on the part of banks and creditors. This may allow you the time you need to save your home. There may be dire tax consequences if you foreclose on a mortgage. Contact foreclosure help attorneys at the Law offices of Castiglia-Rubinstein today to discuss your foreclosure options.

Contemplating Foreclosure? Contact the lawyers at Castiglia-Rubinstein & Associates first. Call us today at 1-800-960-1529 to stop your foreclosure.

Regardless of whether you own residential or commercial property, foreclosure may not be your best option. For foreclosure help and legal and consultation. Call today for legal counseling and information foreclosure alternatives. Contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today to discuss your options for your first mortgage, second mortgage or home equity line of credit. Schedule an appointment today and learn how we can help you save your residential or commercial real estate.

You should know you have certain legal rights and you must be very selective of the Lawyer or Law Firm that you chose to represent you. Have an attorney council you on the right decision for you and your family.

New York Foreclosure Process

New York’s governor Andrew M. Cuomo signed a new foreclosure bill into law, on July 31, 2013 that requires banks to produce the note at the beginning of the foreclosure.

To learn more about the difference between judicial and non-judicial foreclosure, and the procedures for each, give the law offices of Castiglia-Rubinstein & Associates a call today.

In New York, foreclosures are judicial, this means that the lender (the plaintiff) must file a lawsuit in state court. The lender initiates the foreclosure by filing a complaint with the court. The complaint is served (given) to the borrower, along with a summons.

New York Law: Banks Must Produce the Note during a foreclosure proceeding.

Learn more about New York Foreclosure Laws and Procedures.

Promissory Notes and Mortgages

When you took out your loan, you signed both a mortgage and a promissory note. The promissory note is what establishes your liability to pay your mortgage loan. The mortgage creates a lien on the property. The holder of the note is the only party that has the right to enforce the debt by foreclosing on the property. (Learn more about promissory notes.)

If the foreclosing party does not hold the note, it does not have standing to foreclose. (Learn more in our article produce the Note Defense in Foreclosure.)

Why the New Law Was Needed

Following the 2008 financial collapse, law firms and loan servicers signed off on foreclosures without thoroughly reviewing the documentation. The new law is designed to reduce fraudulent filings and deter robo-signing by requiring creditors to “produce the note” at the beginning of the action. This ensures that the lender has legal standing to file the foreclosure action.

(To learn more about robo-signing, Contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today to discuss your options for your first mortgage, second mortgage or home equity line of credit. What does the robo-Signing Mess Means for Homeowners?)

New Foreclosure Requirements

The new law (S.4530-A/A.5582-A) requires that at the start of every new foreclosure action on owner-occupied residential property, the foreclosure attorney must file copies of the following documents with the court:

the note (or the attorney must file a lost note affidavit if the document has been lost or destroyed)

the mortgage

any modification agreements, and

all assignments. (Learn more about assignments.)

New York Law: Reducing Foreclosure Timelines

New York has one of the longest foreclosure timelines in the country, with the average foreclosure taking around three years. One reason for this is that, in many cases, after filing the foreclosure action, the attorney held off on filing a mandatory affirmation (where the attorney certifies, among other things, that the plaintiff is the creditor entitled to enforce the rights under the loan documents), which prevented the case from moving forward.

Effective Date of the New Law

The law applies to foreclosure actions started on or after August 30, 2013.

Castiglia-Rubinstein & Associates devotes a significant part of their firm to the area mortgage foreclosure defense. They provides a wide range of mortgage and foreclosure services representing commercial and residential real estate property.

Get a Foreclosure Consultation today. Foreclosure? Save Your Home? Keep Your Credit?

New York, Foreclosure Attorneys

If you’ve fallen behind on your mortgage or are struggling to pay your monthly installment and other bills, contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today.

Avoiding Foreclosure — Considering Your Options

Depending on your financial situation and the specifics of your mortgage, one of the following may be your best option for avoiding foreclosure:

People who don’t qualify for Chapter 7 bankruptcy usually have a choice to file under Chapter 13 bankruptcy. Unlike Chapter 7 bankruptcy which wipes out unsecured debt, Chapter 13 bankruptcy will require you to repay a percentage of what you owe over a 3- to 5-year period, depending upon your net monthly disposable income. It will be necessary to submit a repayment plan for approval by the court and your creditors.

As part of your repayment plan, you can include past-due mortgage payments and reduce other monthly bills into one manageable payment. Accordingly, people who file Chapter 13 bankruptcy are often able to avoid foreclosure. Additionally, once you file for bankruptcy, an automatic stay is placed on any foreclosure or collection actions on the part of banks and creditors. This may allow you the time you need to save your home. There may be dire tax consequences if you foreclose on a mortgage. Contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today to discuss your options.

Some Further Considerations…..

First and Second Mortgages and Foreclosures

If you have a second mortgage on your home or you have taken out a home equity loan, certain considerations come into play if you decide to pursue a short sale in lieu of a foreclosure. In general, if you decide to work out a short sale with your lender, the bank can ask you to pay the difference between what you sold your house for and what you owed on your original mortgage.

However, if you have a second mortgage and aren’t protected by anti-deficiency provisions, the lender can pursue you for any losses it takes on your second mortgage. Depending on your situation, your second mortgage may be dis-chargeable in bankruptcy or there may be dire tax consequences if you foreclose on a second mortgage. Contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today to discuss your options.

Contemplating Foreclosure? Contact the law offices of Castiglia-Rubinstein & Associates Today.

Regardless of whether you own residential or commercial property, foreclosure may not be your best option. For foreclosure help and information on alternatives, contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today to discuss your options. Schedule an appointment and learn how we can help you.

You should know you have certain legal rights and must be very selective of the Lawyer or Law Firm that you chose to represent you.

Have an Attorney council you on the Right Decision for your family. Get a Free Consultation today. CHRISTINE CASTIGLIA-RUBINSTEIN, Attorney at Law can help you and your family save your home.

Castiglia-Rubinstein & Associates devotes a significant part of their firm to the area of Real Estate Foreclosures. They provides a wide range of real estate services representing buyers and sellers in transactions involving commercial and residential property.

From initial negotiations to closing, including drafting of documents, monitoring contingency periods, and possible closing issues such as possession agreements.

Foreclosures in the state of New York

New York is known as a lien theory state where the property acts as security for the underlying loan. The document that places the lien on the property is called a mortgage. It should be noted that New York does have a non-judicial foreclosure process however this is rarely used by lenders. Contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today.

In New York, the lenders go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. The property is then sold as part of a publicly noticed sale. The court with jurisdiction over a foreclosure is known as the Supreme Court in the county in which the property is located. A foreclosure complaint involving a property in Manhattan would be filed in the Supreme Court of New York: New York County. A complaint is filed in this court along with what is known a lis pendens. A lis pendens is a recorded document that provides public notice that the property is being foreclosed upon.

Contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today.

Depending on the court schedule, it usually takes approximately 120-180 days to effectuate an uncontested foreclosure. This process may be delayed if the borrower contests the action, seeks delays and adjournments of hearings, or files for bankruptcy. A foreclosure sale must be advertised at least four (4) weeks in advance of any sale and sales usually take four (4) months after final judgment for foreclosure is granted.

Are deficiency judgments permitted in New York?

Yes. A deficiency judgment may be obtained when a property in foreclosure is sold at a public sale for less than the loan amount which the underlying mortgage secures. This means that the borrower still owes the lender for the difference between what the property sold for at auction and the amount of the original loan. The Plaintiff must file a motion within 90 days after the property sale auction to enforce this right.

Contact foreclosure help attorneys at The Castiglia-Rubinstein Law Firm today.

What statutes govern New York foreclosures?

The laws that govern New York foreclosures are found in New York State Consolidated Laws, Article 13. Once Your Home Is Sold After Foreclosure, its new owner must provide you with a three-day written notice to quit the property and initiate a formal eviction process. The new owner cannot change the locks on the doors or throw you out immediately. This means the new owner cannot knock on your door and throw you out.

Talk to a Foreclosure Defense Lawyer Today at the offices of Castiglia-Rubinstein

We are dedicated to your success — so contact us. Speak with one of our knowledgeable Long Island Foreclosure Defense, Foreclosure litigation attorneys today from wherever you are in New York in Nassau and Suffolk, Brooklyn, Kings and Queens Counties, on Long Island and all New York City boroughs.

Call 1-800-960-1529 today.

Loan Modifications * Short Sale * Foreclosure & Bankruptcy Defense
Foreclosure Defense * Chapter 7 Bankruptcy * Chapter 13 Bankruptcy * Loan Mod Tips
Stopping Creditor Harassment * Debt Negotiation * Bankruptcy Litigation

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