We're a Foreclosure Defense Law Firm specializing in defending borrowers facing foreclosure and assisting homeowners obtain a loan modification.
Stopping The Foreclosure
If you have fallen behind on your mortgage payments, you may be receiving a lot of notices and letters from the bank about the potential loss of your property.
One of the biggest mistakes clients make, even if they have only missed a few mortgage payments, is that they sit back and avoid thinking of legal options. If you have fallen behind on your mortgage payments, our firm can walk you through such options as a loan modification, a short sale, a deed-in-lieu or forbearance. If you have received a Summons and Complaint from the bank, our firm will ensure that you answer it in time and assert all proper defenses. From then on, we take a very aggressive approach against the bank to protect your rights as a homeowner, from the Mandatory Foreclosure Settlement Conferences through an auction sale. Our team led by Patrick Binakis, has a unique perspective and advantage over other foreclosure defense law firms when comes to defending borrowers. As an attorney who formerly represented lenders in foreclosure actions, Mr. Binakis “knows where the other side is coming from” and is aware of many of the strategies and defenses that can put pressure on the banks holding them accountable for any potential abuse they may have committed against borrowers.
Litigating The Action
Besides the Summons and Complaint, clients often come into our office with paper work they received from the law firm representing the bank.
This paperwork known as a motion is an application to the Court usually seeking to obtain an asked-for ruling on a certain date. The types of motions clients are served with can vary from a Motion for an Order of Reference, a Motion for Summary Judgment or a Motion for a Judgment of Foreclosure and Sale. Many clients believe that all is lost after being served with a motion from the bank. This could not be further from the truth. There is nothing better to the bank than when a borrower in foreclosure does not respond to paperwork from them and defaults. Many borrowers do not realize that there are ample opportunities to respond to the bank and litigate the case after being served with a motion. Our firm has extensive experience litigating foreclosure actions. We analyze each situation on a case by case basis and look for defenses to be used in response to bank motions in an attempt to potentially get the matter dismissed, have the bank reach a settlement with the borrower such a loan modification or at the very least slow the action down. If you have been served with a motion, it is important you contact our firm immediately to start the process of fighting back against the bank.
Stopping a Scheduled Sale of the Property
Receiving a Notice of Sale from the bank can be a very worrying experience. In an effort to avoid the negative effects of filing for bankruptcy, our firm can file what is known as an Order to Show Cause to potentially stay the foreclosure sale.
At this stage in the case, an Order to Show Cause is needed to make the Court aware for the need for strong immediate relief. We will argue that the foreclosure should be stayed so that the borrower is be given more time to save the home by pursuing options, such as a loan modification, short sale or payoff arrangement. Depending on the facts surrounding each case, we will also assert and argue any potential defenses that are available on behalf of the borrower to prolong the litigation of this case. If you have received a Notice of Sale from the bank, it is important you contact our firm immediately so that we can start this process of potentially stopping the sale.