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Carl E. Person Law Office
325 West 45th Street, Suite 201
New York, NY 10036
Phone: 212-307-4444
Fax: 212-307-0247
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Foreclosure Defense Considerations

Lawyer in New York City

Providing Foreclosure Alternatives for Clients Nationwide

If you have fallen behind on your mortgage payments or been served with notice of foreclosure, you probably have many questions about your rights in a foreclosure proceeding, as well as any possible options in foreclosure. It is important to carefully weigh those options regarding how to deal with your financial situation. The foreclosure laws vary from state to state. You want an attorney who knows and understands the laws, one who can protect your rights, whether you choose to fight the foreclosure action or want to find an option that serves your best interests.

At the Carl E. Person Law Office, in New York City, I can help you assess your situation in foreclosure and help you determine the best strategy to protect your short-term and long-term interests. With over 40 years of legal experience, exclusively as a litigator, I have a comprehensive understanding of the laws governing home foreclosures and the procedures required to complete a foreclosure. I can handle foreclosure matters in all states by special arrangement and often serve as local counsel for out-of-state attorneys with legal matters in New York. To set up a free initial consultation, contact my office or call me at 212-307-4444.

Helping You Identify Options in Foreclosure

When you hire me, I will begin the process by asking you a series of questions:

  • What do you want to do with your property?
  • Do you want to keep the property?
  • If so, for what purpose?
  • How long do you want to keep the property?

Based on your responses to these questions and others, I will tailor my representation to help you achieve your final objectives.

In many states, including California, Texas, Arizona, New Mexico, Nevada, New Hampshire and Massachusetts, there are no legal actions required in foreclosure. In these states, I can protect your rights by filing a motion for declaratory judgment prohibiting your lender from foreclosing.

Often, in situations where the bank is required to serve you with notice of foreclosure, they fail to follow rules governing service of process. In these cases, I can generally have the foreclosure action dismissed on procedural grounds. I will also review your documents to determine if there is a title or mortgage defect.

Act Quickly to Protect Your Interests

If you believe that a foreclosure proceeding is imminent or have already been served with foreclosure notice, you should contact an attorney immediately. The longer you wait, the fewer options you have. If it is early in the process, your lender may be far more willing to consider a modification of the terms of your loan. It is better to approach the bank before foreclosure proceedings are initiated whenever possible.

If you wait too long, and let your lender get a default judgment, your alternatives will be extremely limited. While it is possible to overturn a default judgment, it is a difficult and potentially expensive process.

Contact My Office

Contact me by e-mail or call my office at 212-307-4444 for a free initial consultation. I provide experienced representation at affordable rates.