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Long Island Foreclosure Defense Attorney

Serving Homeowners In and Around Long Island, New York

For most of us, our home is not just our personal castle, our refuge in a fast-paced and rapidly changing world, or a place where we have created lasting family memories. It is also frequently our biggest financial investment. Losing your home to a foreclosure can be a devastating prospect, one that can leave you feeling depressed, homeless, and with a tough economic future in store. You may be confused by the foreclosure process, be unaware of your legal rights, and feel you have little or no options. Every foreclosure case is unique, based on a unique set of facts and circumstances. One aspect of every case is the same, however, which is that the homeowner needs to understand exactly what is going on, where he stands, and what he can do about it.

At the Law Firm of R. David Marquez, P.C., you will find a legal team that focuses on foreclosure defense for homeowners faced with this difficult situation. Based in Long Island, New York, the firm's attorneys understand the stress and anxiety that foreclosure can cause. They have 28 years of litigation experience, including conducting both civil and criminal trials, in the state and federal courts of New York. They offer bilingual English-Spanish legal service and have succeeded in getting foreclosure case dismissals in several counties, including Kings, Queens, Nassau, and Suffolk.

Their successes include vacated orders of reference, judgments of foreclosure, and sale, a case dismissal with prejudice, the return of a home to a client who had been evicted, and late Verified Answers filed by stipulation where homeowners had failed to timely appear. The firm can assist you with fighting foreclosure, foreclosure alternatives, understanding the foreclosure process, how foreclosure affects credit, and more. Furthermore, each Long Island foreclosure defense lawyer at the firm is skilled and experienced in procedural defenses, in identifying and challenging fraudulent and misleading documents submitted by banks in pursuing a foreclosure, and with all of the legal aspects of any foreclosure case.

Dedicated Client Service

The legal team is a group of detail-oriented, hard-working, and aggressive litigators who go out of their way to remain consistently accessible to clients. You will be given personal attention in an informal family-like atmosphere, with promptly-returned phone calls, and continued information and updates about your case. The firm offers foreclosure clients reasonable fees based on a per task billing schedule and permits you to make periodic payments over time after paying an acceptable initial retainer fee.

The firm also offers highly-experienced and qualified legal support and representation in criminal defense and other civil litigation matters.

For focused, persistent, and skilled legal help with your case, whether it involves foreclosure defense, criminal defense, or a civil lawsuit, your best interests will be served by consulting with an experienced attorney at the firm as soon as possible. Learn how you can fight a foreclosure, defend and protect your legal rights, and work towards a favorable legal resolution today.

Contact a Long Island foreclosure defense attorney at the firm for comprehensive legal assistance today.

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  • Foreclosure Defense Attorneys and the Certificate of Merit

    Foreclosure Defense Attorneys and the Certificate of Merit

    Gung-ho foreclosure defense attorneys like R. David Marquez are in vogue these days, leading to homeowners and banks ramming heads even harder.

    Despite there being 3,000 less foreclosure cases in 2013—numbering about 44,000—than 2008, the intensification of foreclosure litigation and defense have been on a sharp rise in the years after the financial crisis.

    With this influx of foreclosure cases has come much bunk, mainly in the form of banks' rampant practices.

    These shenanigans were curtailed somewhat in 2010. To this day, however, many cases which have bled over from the first decade of the 21st century still feature one form of robosigning or another.

    In 2013 Governor Cuomo signed into law the practice of requiring plaintiffs (banks) to file a Certificate of Merit, where the plaintiff's foreclosure lawyer certifies that "there is a reasonable basis for the commencement of such action and that the plaintiff is currently the creditor entitled to enforce rights under such documents."

    Empirejustice.org further expands of the law's requirements:

    "The law lists documents that the attorney must review including the mortgage, note, bond and all instruments of assignment, as well as any other instrument of indebtedness such as a loan modification, extension or consolidation. A copy of these documents must be attached to the Certificate of Merit if they are not otherwise attached to the complaint."

    In a nutshell, the certificate "assures" that the bank's claims are legitimate and not based on fraud.

    Foreclosure lawyers are twisting in their sheets, vexing about their licenses getting pulled for filing foreclosure cases where pretty much all the bank's documents are fraudulent.

    But with the Certificate of Merit "assuring" legitimacy, foreclosure defense lawyers are getting more brazen in their litigation. The attitude has shifted from "I might go to jail," to "this is just window dressing… let's move forward!"

    We leave you, homeowner, with one piece of advice: incite controversy. Many foreclosure defense lawyers have shot themselves in the foot by avoiding categorical denial of all allegations. It's the burden of controversy that pressures attackers to prove their elements. Deny everything or banks will bend you to their will.

    If you don't have counterclaims, you're stunting your opportunities to claim fraud, lose the ability to bring in witnesses, and basically lose the power to get a fairer trial.

    And on a final note, find a defense attorney with more than half a brain who doesn't pose as a foreclosure expert for a measly $4,000. Banks are finding antidotes to fair practice laws—the job of a great lawyer is to find the antidote to their antidote. That requires massive time investment and investigation. It's not a $4,000 job.

  • Another Big Bank Bites the Dust in a NY Home Foreclosure Defense Case

    A Flashback to One of David's Famous Foreclosure Defense Cases:

    "HEMPSTEAD, September, 27, 2013 - Deutsche Bank National Trust lost it's standing to foreclose on a home in Brooklyn, NY because of the bank's failure to negotiate in good faith a mutually agreeable resolution, including a loan modification. R. David Marquez, of the Law Firm R. David Marquez P.C., representing a Brooklyn homeowner as a defendant in Kings County Supreme Court Court literally "kicked" Deutsche Bank out of court in their attempted foreclosure action on his client.

    Mr. Marquez, a Nassau County foreclosure defense lawyer, has an impressive track record in "kicking" the big banks out of court in previous foreclosure cases in New York. In fact, he has successfully defended and won several other cases for homeowners struggling to keep the American Dream alive. Details of these legal victories can be found at www.foreclosuredefenseny.com.

    The Hon. Carolyn E. Demarest, J.S.C. ruled that the Plaintiff, Deutsche Bank, "acted in bad faith and the defendant's motion to dismiss is granted without opposition." The court order stated that "all interest, late fees and attorney's fees be cancelled from the date of default to date of this order; and that the foreclosure action be dismissed with prejudice." This decision was another major victory for all homeowners having to defend themselves against giant financial institutions with deep pockets and little concern for the well being and interests of main street America."

  • Service Improper: A New Type of Foreclosure Defense

    As of late, a growing defense used by foreclosure defense attorneys to fight foreclosure litigation is Service Improper.

    By definition, the service process is "the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party." In other words, the process of being served is when a legally licensed and certified person properly hands you papers indicating that there are legal charges being pressed against you.

    By law, all the companies and people who inform a homeowner or person that they are being sued have to file and store an Affidavit of Service. An Affidavit of Service is a description of when, where, how and who was served. Furthermore, servers need to commit to a due diligence requirement. A server needs to pursue minimal standards set by the law when serving. When any of these processes are carried out improperly, a homeowner can challenge these claims.

    In the recent case of U.S. Bank National Association v Soledad Murillo, a case was thrown out because the homeowner was not properly served by the banks. Licensed servers are required by New York law to document all those who have they have served. In Murillo's case, the server claimed that he was able to properly served Murillo and had it documented. However, Murillo was able to present data from her employer that contradicted the server's records. Because this was a breach of proper legal proceedings, Murillo was able to win her case and fight against the foreclosure case which was brought upon her.

    Although such defenses are beneficial for others due to human errors, such human conditions can have unpredictable results as well. In another case being brought against homeowner Gonzolas, the defense of Improper Service was used against the banks as well. Gonzolas was reported to have been served at her home despite her being at work at her bus company at that time. Despite there being contradictions amongst the server's argument, Gonzalas was unable to successfully argue for the defense of Improper Service.

    There were many similar facts and evidences among these two cases. Even though these two cases having similar facts, what was the biggest deciding factor between these two cases? Ultimately, the basis of law and all forms of enforcement for them boils down to being human beings. The interactions between humans are what decide the ultimate destination which things such as cases end up. Different factors such as being well dressed, having a judge who is very interested in certain areas of law and being able to have well documented evidence ultimately affect the outcomes.

    Equipped with this newfound information, what can a homeowner do to protect their home from foreclosure? The first and most important step is to get a foreclosure defense lawyer! Being quick to respond is the first step to a great case. Finding a good foreclosure defense law firm is the first step of being served to the final step of judgment greatly increases your chances of keeping your home.

  • Quiet Title: A New Offensive Front for Foreclosure Defense Attorneys

    QUIET TITLE: A NEW OFFESNIVE FRONT FOR FORECLOSURE DEFENSE

    As reinforced by the conclusion of last year'sGlaski v. Bank of America case, action to Quiet Title is becoming a veritable front that foreclosure defense attorneys can use to fight banks that utilize fallacious documents and defective loan transfers to foreclose a homeowner's property.

    Cases plagued by robosigning (in a nutshell, falsely signed documents) have been a staple in homeowner v. bank cases and, despite measurable actions being taken against the practice after the 2010 foreclosure crisis, have already bled over into late 2013 and inevitably into the new year.

    Banks' illegitimate practices reached their peak in 2010, causing widespread damage to homeowners who had little to no way of fighting the monetary behemoths.

    Quite Title has proven to be an effective offensive maneuver against dishonest bank practices.

    William Suser, a homeowner, was allowed to pursue an action to quiet title against Deutchse Bank in late 2013. As accorded by a panel of three judges from New Jersey Superior Court's Appellate Division, "there is a dispute about whether Deutsche is the proper holder of the WaMu mortgage and that question may be adjudicated in a quiet title action."

    Suser and Glaski's cases help reinforce the evidence of a radical shift from 2010's spike of maleficent financial practices. These days, fewer judges are bending over backwards for banks.

    In Quiet Title, a bank must produce proof that they are the rightful owner of the mortgage loan. How do they do this? Debt Inversion's article on Quiet Title explains:

    To prove ownership of a mortgage loan, the bank (or its attorneys) must possess the original promissory note for the mortgage loan, and it must have been properly endorsed (signed over) by a person with authority to assign the loan. The note can be endorsed to the bank or endorsed "in blank," such as "Pay to the Order of ________________. Signed, Rabid Robosigner."

    The article goes on to say that despite the bank still needing the original promissory notes in order to win a foreclosure case, it "does not have to own the mortgage loan. It only has to prove it has the right to enforce the loan."

    In the case of Wells Fargo Bank, N.A. v Erobobo, we can see how dishonest banks are being affected by Quiet Titles. According to the decision, the mortgage held by Wells Fargo had "not been assigned from the Depositor to the Trust, is therefore void." By improperly handling the acquisition of their mortgages, banks are starting to lose out.

    On the bank's side, the foreclosing institution must only prove that the past loan owner had an "intent to transfer the load to the foreclosing bank."

    Luckily, Bank of New York v. Silverberg set a vital precedent in 2011 that added a layer of difficulty for banks to prove intent: "Under the Silverberg decision, practically all foreclosure cases involving faulty 'assignments' of mortgages by MERS are required to be dismissed for lack of standing."

    MERS is an electronic system that "simplifies the mortgage process" by keeping "track of a confidential electronic registry of mortgages and modifications to servicing rights and ownership of the loans," according to Investopedia.

    The controversy lies in the fact that the system has "initiated thousands of foreclosure actions." Technically, MERS is not the owner of the loan and so cannot file for foreclosure. Fraud Stoppers reinforces this quite nicely:

    The Supreme Court in Carpenter v. Longan stated that 'the note and mortgage are inseparable… the assignment of the note carries the mortgage with it, while the assignment of the latter alone is nullity'. This is where we get the saying "the mortgage follows the note". Except for the 70 million mortgages that were put into MERS. In those cases the mortgages did NOT follow the notes, and therefore according to Carpenter v. Longan those assignments are a nullity (without legal validity)!

    With courts now shunning shady practices such as the MERS system, robosigning and other ploys used to win foreclosure cases, Quiet Title is becoming the best offensive tool homeowners have against unfair bank practices.

  • Need Help Fighting Foreclosure?

    Nobody wants to think about the possibility of losing their home in a foreclosure, but the unfortunate truth is that many homes will be foreclosed on this year in the Long Island area and beyond. Some homeowners will receive a notice of a pending foreclosure for their home because they have fallen behind on payments, and others may have received a notice in error or may not understand fully why they received a notice. When you need help fighting a foreclosure, working with a foreclosure defense lawyer on Long Island is important.

    There are many unique circumstances that can surround the receipt of a foreclosure notice, and the good news is that you do have the ability to fight back against the foreclosure notice. By choosing to work with the dedicated team of legal professionals at the Law Firm of R. David Marquez, you can learn more about your options.

    Choose R David Marquez As Your Foreclosure Defense Attorney

    The truth is that you do have several options available to you for fighting against the foreclosure, but the right defense strategy must be developed based on the circumstances of your case. The Law Firm of R. David Marquez can help you to learn more about options like alternatives to foreclosure, procedural defenses, fraud defenses and more. The team will spend time learning more about the circumstances surrounding your case, and they will build a defense strategy that is customized to your case and that may yield the best results. Whether your foreclosure is based on illegitimate or false facts or you understand why a foreclosure is pending against your home, you do have some options available. The foreclosure proceedings may ultimately be waived or delayed, the terms of your mortgage may be altered and more.

    The Law Firm of R. David Marquez is a foreclosure defense law firm in Nassau County. The firm serves other nearby communities like Westchester, Suffern, Nassau and others. Whether you live in one of these communities or another nearby community, you want to choose a law firm with considerable experience in and knowledge of foreclosure cases. The Law Firm of R. David Marquez is the right option for you.

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Address: 50 Clinton Street, Suite 214, Hempstead, NY 11550
Phone: (516) 478-9302