In response to overwhelming demand and a lack of attorneys who handle foreclosure appeals (let alone quiet title appeals), we have been handling foreclosure and quiet title appeals for the past two years. More information about our appellate practice will follow in future posts. If you need immediate legal advice, please contact this office for … Read more
Six years after a mortgage is accelerated, the time to file a mortgage foreclosure action expires (with occasional exceptions). If the bank has not won a judgment of foreclosure and no mortgage foreclosure action is currently pending, the homeowner may file a quiet title action to discharge (remove) the mortgage lien from the property. When a homeowner wins quiet title, the property can be sold without paying the mortgage debt. The homeowner keeps the sales proceeds instead of the bank. Debt Inversion accomplished.
Unless the homeowner’s attorney includes an “affirmative defense” in the Answer to the Foreclosure Complaint stating that the action is barred by the applicable statute of limitations, the statute of limitations defense is lost and the bank can foreclose upon the property even though it started the foreclosure action too late.
Whenever possible, we have our client present when we inspect the alleged original promissory note because the client is the only person in the conference room who saw the original note when it was signed and initialed at the bottom of each page. Clients can easily tell if their own signatures and initials have been forged and they can spot differences between the original document they signed and the document being presented.
LENOIR LAW FIRM, PLLC
2585 Broadway, Suite 251
New York, NY 10025
Important information: This website and blog are legal advertising. They contain no legal advice and make no representation as to the outcome of any legal matter. The information on this website and blog may not apply to your individual situation and should not be relied upon for any purpose. If you have a legal question or need legal assistance, please consult with an attorney.