Homeowner Wins Foreclosure Lawsuit

Owning a home is a dream come true until it is not. Sometimes, things go awry for homeowners, and people find themselves facing the possibility of foreclosure. During the unprecedented global pandemic of 2021, a historically high number of New York homeowners were delinquent on their mortgage payments. Mortgage payment delinquency can occur for numerous reasons, including loss of a job, high debt, or other income problems. If you are delinquent on your mortgage and potentially facing foreclosure, know that our experienced attorneys are here to help and here to fight for your right to keep your home. Contact Moshes Law today to see how we can help. 

Why Foreclosures Occur

Foreclosures occur when homeowners are unable to make payments toward their mortgage, as required in the contracts between homeowners and lenders. When homeowners fail to make mortgage payments, lenders can take possession of the property through foreclosure. In New York, this means that a lender can begin the foreclosure process 120 days from the initial missed payment. New York is a judicial foreclosure state, so lenders must file certain documents with the court and initiate a formal foreclosure lawsuit before taking possession of a home for failure to pay. 

Homeowners fail to make payments for a variety of reasons, including the loss of a job, bankruptcy, and a variety of other reasons. The best way for homeowners to avoid foreclosure is prevention: staying up to date on mortgage payments will keep a lender from beginning the foreclosure process. However, sometimes it is not possible to keep payments current, especially right now with the ongoing pandemic. Thankfully, in light of the pandemic, Governor Cuomo signed into law a COVID-19 foreclosure and eviction moratorium for New York that can protect New York homeowners from foreclosure until May 2021. Similarly, the Biden Administration, in conjunction with various federal agencies, has issued a federal COVID-19 foreclosure moratorium that protects many homeowners with federally backed mortgages from losing their homes. 

homeowner wins foreclosure lawsuit

If you are concerned about potentially having your home foreclosed upon, you may be protected against foreclosure by one of the laws mentioned above. You may also have other options that protect you from foreclosure. Our experienced attorneys know how to help homeowners win in foreclosure and keep their homes. Reach out to us if you have questions about your home and the foreclosure process.

What Percentage Of Foreclosure Cases Are Won By Homeowners

According to statistics from New York’s Office of the Comptroller, in 2015, about 7% of foreclosure cases were settled, 1.8% were discontinued (which means the lender likely dropped the case), and .5% were stayed, which means that the homeowners probably filed for bankruptcy.  The statistics will change with the economic impact of the ongoing pandemic. Beyond these statistics on foreclosure, it is difficult to tell what percentage of foreclosure cases are won by homeowners because there is not a lot of data available on the subject.  However, homeowners can and do win foreclosure lawsuits against banks and lenders for a variety of reasons. An experienced foreclosure defense attorney can help 

  • defend against wrongful foreclosure
  • demonstrate when a lender has committed fraud
  • win a judgment in the homeowner’s favor
  • negotiate with the bank or lender to make your mortgage more favorable
  • And show you all the potential options you have during foreclosure. 

If your home is in foreclosure or at risk of foreclosure, an experienced foreclosure defense attorney can make the difference between you keeping your home or losing it. 

How Can Homeowner Win Foreclosure Case

Homeowners in New York can win foreclosure cases in a variety of ways, including: 

  • Paying the amount that the lender says is owed;
  • Demonstrating that the person suing does not rightfully own your mortgage
  • Proving the homeowner has a disability or is mentally incompetent
  • Showing that the lender did not follow the proper foreclosure procedures
  • Proving that the mortgage lender’s contract is invalid because the terms were unfair, or the lender acted inappropriately.

Foreclosure cases won by homeowners frequently involve diligent research and a well-developed understanding of New York laws. This is why experienced foreclosure attorneys are so important for homeowners experiencing foreclosure. An experienced attorney will help homeowners win in foreclosure by diligently fighting for the homeowners’ rights. 

Building A Defense Strategy

Our experienced foreclosure defense attorneys will help you consider all of the possible defenses you may have to the foreclosure lawsuit. We will:

  1. Consult with you to determine your needs
  2. Examine records to determine what options you may have
  3. Build a defense to the foreclosure lawsuit that is tailored to you. 

We know how to defend against foreclosure suits in New York and we have proven experience to win foreclosure cases. Building a defense strategy involves reviewing your mortgage agreement, reviewing the lender’s processes, investigating how your mortgage was established and who owns your mortgage.  Homeowners often do not realize that they have ways of fighting against foreclosure, but our attorneys will assess your situation and find the best defense available.  

Requesting Documents From The Lender

Requesting documents from your lender is a big part of beginning to defend against foreclosure. Your mortgage loan documents will prove whether your lender was negligent or acted wrongfully during the process of creating your mortgage. The documents may also demonstrate that you are in compliance with your lender’s terms, which would mean that the foreclosure process should not have begun. Lenders do not always want to share all the information they have related to your mortgage. Our attorneys know how to get your documents from the lender and how to carefully review the documents for potential defenses against foreclosure. 

Exercising The Right Of Proof

When a lender files for foreclosure, it is the lender’s job to prove that foreclosure is proper. This means that the lender must clearly demonstrate that the mortgage agreement was violated and that the borrower is in breach of the mortgage’s terms. Our experienced attorneys know how to exercise the right of proof and force lenders to show that they are rightfully filing for foreclosure. Without proper proof from the lender, the homeowners win in foreclosure. 

Counterclaims

Not only do our attorneys know how to help homeowners win in foreclosure, but our experienced attorneys also know how and when to file counterclaims against lenders for wrongfully initiating foreclosure and for other mortgage-related errors. If your lender was wrong to file for foreclosure or made mistakes with your mortgage, you may have a claim against the lender for wrongful foreclosure. If you are our client in a foreclosure lawsuit, we can help you consider possible counterclaims against your lender and potentially win damages for your lender’s conduct. 

Foreclosure Cases Won By Homeowner

Homeowners across the country win foreclosure suits against mortgage companies for various reasons. Some foreclosure cases won by homeowners even include punitive damages. For example, in one recent case, a court awarded a couple $45 million in punitive damages after a mortgage company ignored the order to leave the foreclosure alone until the couple finished their bankruptcy proceedings. 
An experienced foreclosure attorney can help you not only win your case but also potentially recover damages if your mortgage company acted inappropriately.

FAQ

Can I sue the bank for wrongful foreclosure?

Yes. Sometimes lenders act inappropriately in the foreclosure process by initiating non-judicial foreclosure processes without cause. Likewise, lenders sometimes agree with a homeowner about how to settle payment problems, and then the lenders later act like the agreement did not exist and begin foreclosure proceedings. These are examples of wrongful foreclosure actions on the part of the lender. If you believe your lender has acted inappropriately during the foreclosure process, contact us today.  

Can I sue my mortgage lender for negligence?

Yes! You can sue your mortgage company for negligence if the negligence negatively impacted your mortgage loan or created an issue that led to foreclosure. An experienced foreclosure attorney can help you investigate whether the mortgage lender acted inappropriately.

What kind of attorney do I need to sue a bank?

It depends on why you are suing the bank. If you want to sue the bank because of issues related to foreclosure or your mortgage, a foreclosure attorney could be the best option for you.

How do you win a foreclosure fight?

There are numerous ways to win a foreclosure fight. Experienced foreclosure attorneys know how to win homeowners association foreclosure cases, how to win bank-related foreclosure cases, and even how to help homeowners win back their house after foreclosure in some cases. Winning a foreclosure fight can be complicated, but the right attorney can help you keep your home. Contact us today to learn more about how our foreclosure attorneys can help.

Do banks really want to foreclose?

Typically, foreclosure is not ideal for banks and other lenders. Banks and lenders cannot do a lot with a home and often lose money in the foreclosure process. Typically, banks and lenders want you to pay on your loan so they can earn money on the interest. This is where an experienced foreclosure attorney can help you negotiate with the bank and use foreclosure as leverage in your favor.

Homeowner Wins Foreclosure Lawsuit With Our Help

Our foreclosure defense attorneys know how to win foreclosure lawsuits, and we have the proof to demonstrate it.  As an example, in one recent case Jbbny, LLC. v. Begum, we helped our client have a foreclosure suit dismissed because the mortgage company failed to properly file the requisite paperwork in the foreclosure proceedings. Our client and the client’s family were able to keep their home and have a new start on their life without the threat of foreclosure looming over their heads. 


If you fear that your home may be foreclosed upon, let our experienced New York foreclosure attorneys from the Law Office of Yuriy Moshes help you defend against foreclosure. We understand that foreclosure can be confusing, complicated, and scary. We know how to help guide you through the process of protecting your home and fighting for your interests. Contact us today if you need help.