Procedural defenses in a foreclosure case are defenses which may be raised before the sale of a foreclosed home or within an appropriate time period after a sale. These types of defenses may be based on various types of behaviors on the part of the lender or assignee of a mortgage. They can include failure on part of the lender or mortgage holder to give proper legal notice of a pending foreclosure, failure on part of the lender to file proper court paperwork that is true and accurate, instances where the lender has provided false, improper, or missing documents to support a foreclosure action, defective services where process servers have failed to comply with regulations, the legal action of no default (which may be based on biased or unethical conduct by the lender, or where the borrower has attempted to make payments that were rejected because they were not the total amount of arrears), and other foreclosure procedural errors or misconduct.
If you wish to find out how these legal defenses may apply to your New York foreclosure case, it is recommended that you contact a Long Island foreclosure defense attorney at the Law Firm of R. David Marquez, P. C. and schedule a consultation. The attorneys at the firm are experienced litigators with a solid track record of effective results in foreclosure cases throughout the area. They are skilled at detecting and challenging fraudulent actions and misconduct by lenders in foreclosure defense.
Procedural Errors in Foreclosure
Any errors made in the foreclosure procedure may allow you to challenge a foreclosure action. These errors may include inaccurate accounting of the amount that is claimed to be owed, incorrect legal descriptions of the property, or improper recording of the mortgage. Foreclosures may also be challenged based on The Truth in Lending Act (when the lender did not have standing to pursue a foreclosure because it did not possess the note when it filed the complaint with the courts).
Contact a Long Island foreclosure defense lawyer at the firm to discuss procedural defenses that may apply to your pending foreclosure today.
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