How New York Homeowners Win Foreclosure Cases

There are two strategies that a New York homeowner can use to win a foreclosure case and avoid the loss of a home:

1.  Retaining a Good Foreclosure Defense Lawyer:  Hiring an attorney with a long, proven record of winning foreclosure cases maximizes a homeowner’s chance of winning a foreclosure case. A good foreclosure defense lawyer:

  • Knows and aggressively enforces the complex and constantly changing laws that protect homeowners’ rights in foreclosure litigation.
  • Wins cases utilizing unique defenses and counterclaims available only to homeowners in foreclosure actions.
  • Comes equipped with an arsenal of legal weapons and time-tested strategies to handle any circumstance that may occur in a foreclosure case.
  • Skillfully avoids the numerous, invisible dangers and pitfalls that cam cause a homeowner to lose a foreclosure case unnecessarily.
  • Maximizes a homeowner’s chances of winning the dreaded, deadly summary judgment motion. The winner of the summary judgment motion usually wins the foreclosure case.  Opposing a summary judgment motion is extremely complex and should not be attempted by amateurs.

2.  Relying on Sheer Luck: An extremely small percentage of homeowners win foreclosure cases and keep their homes through sheer luck.  The other winners are usually represented by experienced foreclosure defense attorneys.

If a homeowner is self-represented, the homeowner is relying on sheer luck to win the foreclosure and save the home.  If a homeowner hires an attorney inexperienced in foreclosure defense, the homeowner is also relying on sheer luck to win the case. The attorney may not know to handle the most important parts of the case (such as the summary judgment motion) and may cause irreparable damage to the homeowner’s legal rights early in the case.

It is extremely rare for homeowners to win foreclosure cases through sheer luck. Hoping for luck is simply not a sound foreclosure defense strategy.  To have a realistic chance of winning a foreclosure case, there is no alternative to hiring a strong foreclosure defense lawyer.

Sheer luck in foreclosure cases appears in many forms but few are prevalent. The most common situation is when a case is dismissed by the Court based upon a legal technicality.  For example, the Court may order the bank’s attorney to do something (such as making a summary judgment motion) by a deadline or the case will be automatically dismissed.  If the bank’s attorneys miss the deadline, the case is dismissed and the homeowner wins.

The LeNoir Law Firm has over 22 years of experience litigating cases in New York, mostly in the area of foreclosure defense.  If you have received foreclosure papers, we encourage you to call the LeNoir Law Firm today for a free initial consultation.

2753 Broadway, Suite 251
New York, New York 10025
Office: 212-531-0284

Important information:  This is legal advertising.  It contains no legal advice and makes no representation as to the outcome of any legal matter. The information on this blog and website may not apply to your individual situation and should not be relied upon for any purpose.