Foreclosure Defense

foreclosuredefense

The Law Offices of Allen A. Kolber, Esq. stop foreclosures, immediately, even if your foreclosure sale is scheduled for the next day.

We defend homeowners from Foreclosure lawsuits in both the New York Supreme Courts and the U.S. Bankruptcy Courts.

If you are sued by your mortgage lender with a foreclosure lawsuit, our office will:

  • Serve an Answer on your behalf and a Notice of Appearance, so that all Court notices come immediately to our office via email and electronic notification.
  • In our formal Answer, we will assert defenses that must be asserted within 30 days of the lawsuit, such as the very real probability that the bank suing you does not even own your mortgage.
  • Our Answer will assert Counterclaims against the mortgage lender in the event they have violated federal mortgage laws of if they are guilty of robo signing and fraudulent assignments of mortgages. Many times, a mortgage lender that is suing you is not even the bank that owns your mortgage.
  • We will serve Combined Demands requesting all documentation regarding your mortgage loan, including forcing the bank to prove the chain of title of the mortgage, your payment history, and whether the mortgage was placed into a trust or pool, or secularized and sold as fraudulent stocks on the stock market.
  • We will aggressively force the banks to participate in a Loan Modification program, to reinstate your mortgage, reduce your monthly payments, reduce your interest rate, reduce your mortgage principal, or extend your mortgage to 30 or 40 years.
  • We serve Motions for Summary Judgment and Cross-Motions to dismiss the foreclosure action based upon robo signing, fraudulent assignments of mortgage, and failure of the bank to prove that it owns the mortgage upon which it is suing.
  • The Law Offices of Allen A. Kolber, Esq. recently won a trial dismissing a $1 million mortgage foreclosure action, when U.S. Bank failed to prove that it actually owned the mortgage it was attempting to foreclose upon.See the Decision here.

Stopping Foreclosures in Bankruptcy Court

The Law Offices of Allen A. Kolber, Esq. can file a Bankruptcy case and stop a foreclosure sale minutes before the actual sale is scheduled to take place.

A bankruptcy filing will stop a foreclosure action:

  • Immediately upon filing a bankruptcy case, the automatic stay of the Bankruptcy Code places an immediate injunction upon any creditor, including your mortgage lender, from proceeding with a collection effort, foreclosure action, or foreclosure sale.
  • In a bankruptcy action, our firm can force the mortgage lender to participate in a Loan Modification process, which requires the bank to place us in direct contact with a bank attorney and a bank underwriter who has the power to decide your Loan Modification. No more sending in pages and pages of duplicate paperwork to be rejected by a low-level bank clerk.
  • Our office can create a Chapter 13 Bankruptcy Plan wherein you have 5 years to catch up on your mortgage payments, interest free, while reorganizing your finances, reducing your monthly payments, reducing your interest rate, reducing your mortgage principal, or extending your mortgage to 30 or 40 years.
  • During your 3-5 year Bankruptcy case, the automatic stay or immediate injunction stays in effect, preventing any creditor, including your mortgage lender, from proceeding with a collection effort, foreclosure action, or foreclosure sale.