Homeowners understand that their home is far more than a place to rest their heads at night. Owning a home is hard work, and if you are someone who has worked to make your home best suit the needs of you and your family over the years, you most likely take great pride in your home. Unfortunately, as you know, owning a home can become exceedingly difficult when debts start piling up, and you cannot find a way to pay them off on your own. This is why our firm is here. We have dedicated decades of our lives to helping individuals just like you get their lives back on track and attain the peace of mind they deserve and need. Contact a seasoned Rockland County foreclosure defense lawyer from our firm today to learn more about how our we can work alongside you to create a strategy that allows you to pay off your debts, stay in your home, and move on with your life.

Foreclosure Defense Lawyer Serving Rockland, Westchester & Orange County

Here at the Law Office of Peter A. Hurwitz, PLLC, we understand that though there are few things more stressful than falling behind on mortgage payments, the truth is, you are not alone, and many people across the country find themselves facing this exact situation. For this very reason, attorneys like us exist, and we are here to help you find a solution that works for everyone. Do not let yourself be overcome by fear–we are here to help. Just some of the services that the Rockland County foreclosure defense attorneys at the Law Office of Peter A. Hurwitz, PLLC can provide you with, depending on your situation, are as follows:

Short Sales

A short sale may be a practical alternative for homeowners who owe more on their mortgage than their property is currently worth. In a short sale, the lender agrees to allow the home to be sold for less than the remaining mortgage balance.

Although a short sale does not allow you to keep your home, it can often provide benefits that make it preferable to a completed foreclosure. Some potential advantages of a short sale are as follows:

Avoiding a foreclosure judgment
Reducing damage to your credit compared to foreclosure
Potentially negotiating the forgiveness of any remaining mortgage balance
Giving you greater control over the sale process
Allowing you to move on financially sooner

Lender approval is required before a short sale can be completed, and negotiations can become complicated. Every mortgage agreement is different, and lenders frequently request substantial financial documentation before making a decision. Having legal representation throughout the process can help ensure that your rights are protected and that any agreement accurately reflects the terms you negotiated.

Foreclosure Mediation

New York has enacted several homeowner protections that are designed to encourage communication between borrowers and lenders before foreclosure is completed. One of the most significant protections is the mandatory foreclosure settlement conference that applies in many residential foreclosure cases involving owner-occupied properties.

These conferences are intended to give both sides an opportunity to explore alternatives to foreclosure in good faith.

During foreclosure mediation or settlement conferences, homeowners may be able to discuss:

Loan modifications
Repayment plans
Mortgage reinstatement
Short sales
Deeds in lieu of foreclosure
Other loss mitigation options

Preparation matters. Financial records, income documentation, tax returns, bank statements, and hardship information often play an important role during these discussions. A knowledgeable foreclosure defense attorney can help organize the necessary documentation, communicate with the lender, and advocate for solutions that may allow you to avoid foreclosure whenever possible.

Many homeowners are surprised to learn that settlement conferences can last for several months while negotiations continue. During that time, opportunities frequently arise that would not have existed if the homeowner simply ignored the foreclosure lawsuit.

Mortgage Loan Modifications

For homeowners who wish to remain in their homes, a mortgage loan modification may provide long-term financial relief. Rather than replacing the existing loan, a modification changes one or more of the loan’s original terms to create more manageable monthly payments.

Depending on the lender and your financial situation, a loan modification may involve:

Lowering the interest rate
Extending the repayment period
Adding missed payments to the loan balance
Changing certain payment terms
Creating a more affordable monthly mortgage payment

Not every borrower qualifies for a modification, and lenders generally require extensive documentation demonstrating income, expenses, assets, and financial hardship. Even after an application has been submitted, additional requests for documentation are common, which can delay the review process if deadlines are missed.

A foreclosure defense lawyer can assist with preparing modification applications, responding to lender requests, reviewing proposed agreements, and helping ensure that your application receives the attention it deserves.

Judicial Foreclosure Defense

New York is a judicial foreclosure state. This means a lender cannot simply take possession of a home after missed payments. Instead, the lender must file a lawsuit in court and prove that it has the legal right to foreclose.

Because foreclosure proceeds through the court system, homeowners have important legal rights that should not be overlooked.

A foreclosure defense may involve examining issues such as:

Whether the lender properly served all required notices
Compliance with New York’s 90-day pre-foreclosure notice requirements
Whether the lender has standing to bring the lawsuit
Errors in mortgage servicing or payment accounting
Improper documentation or procedural defects
Violations of applicable state or federal consumer protection laws

Contact a Rockland County Foreclosure Defense Attorney

The Law Office of Peter A. Hurwitz, PLLC is a team of experienced Rockland County foreclosure defense attorneys who have devoted their practice solely to clients who are looking to keep their homes, fight off foreclosure, and get back to caring about what matters most. Contact our Rockland County attorneys today to learn more about how we can assist you through every step of the process ahead.