Foreclosure Defense Legal Representation When You Need It Most

New Hyde Park Foreclosure Defense Lawyer

If you are facing foreclosure, you are not alone. In 2019, one in every 2.713 homes in New York was in foreclosure. As likely the most significant financial investment in your life, the equity in your home is an invaluable asset. Furthermore, owning your own home is part of the American Dream and a place that has more than just financial value to you and your family. Losing it is an economic, emotional, and psychological loss.

The good news is that you have options. At John Lehr, P.C., we can help you understand your rights and explore your options for avoiding foreclosure. Our firm has assisted thousands of clients in New Hyde Park, Nassau County, Queens, Brooklyn, Long Island, and the Tri-State area in skilled foreclosure defense strategies.

Arrange for a free initial consultation with our New Hyde Park foreclosure defense attorney to discuss your options. You can reach us online or at (516) 550-5467.

Foreclosure in New York

Our clients face foreclosure for a variety of reasons. Some have lost their jobs, while others have experienced a sudden illness or divorce. No matter why you face the kind of excessive debt that threatens to take away your home, our seasoned foreclosure defense lawyer can analyze your situation to decide on the most effective strategy to intervene on your behalf.

We know how much your home means to you and your family, so we use all the legal tools in our arsenal to defend it.

On your first visit, we will devise a plan to help settle your case quickly and with as little financial and emotional distress as possible. Our foreclosure defense strategy will depend on where you stand in foreclosure.

You might be in the pre-foreclosure stage, meaning that your creditors have not yet filed a foreclosure lawsuit against you. Or, you might have already received a notice that your creditors have filed a lawsuit, putting you in the post-foreclosure stage. No matter your situation, an active defense can aid in the negotiation process since an alternative solution can help your lenders avoid the added expense of continued litigation.

In New York, foreclosure typically takes about 445 days, which is longer than the national average of 378 days. This means you have more time to explore your options and potentially avoid foreclosure.

New York has three types of foreclosure as follows:

Judicial foreclosure: This is the most common type of foreclosure, where the lender must file a lawsuit in a state court. The homeowner is then given a certain period to respond. If the homeowner does not successfully dispute the foreclosure, the court will issue a judgment, and the property can be auctioned off to the highest bidder.
Nonjudicial foreclosure: In contrast, this type of foreclosure does not involve court proceedings. It is allowed if the mortgage includes a "power of sale" clause. Upon default, the lender can sell the property directly without court intervention. However, the borrower must be notified of the sale, which must be conducted by a referee whom the court appoints.
Strict foreclosure: A less common process, this type occurs when the lender files a lawsuit against the borrower due to default. If the court favors the lender, the borrower must pay the mortgage within a certain period. If the borrower fails to do so, the lender becomes the property owner outright without needing an auction.

Once the property is sold, the proceeds are used to pay off the mortgage, and the borrower is entitled to any remaining funds. If the proceeds are insufficient to cover the mortgage, the lender may be able to obtain a deficiency judgment against the borrower for the remaining balance. However, the lender cannot get a deficiency judgment if the property is the borrower’s primary residence and the mortgage is a “purchase money mortgage.”

Continue Reading Read Less

How to Avoid Foreclosure

Several ways to avoid foreclosure in New York are available. The best option for you will depend on your unique circumstances. At John Lehr, P.C., we can help you explore your options and determine your best course of action.

Some of the most common ways to avoid foreclosure in New York include:

Reinstatement: This involves paying the entire amount owed, including any late fees and penalties, to bring the mortgage current. This is the best option if you can pay the whole amount owed.

Forbearance: This involves your lender temporarily reducing or suspending your mortgage payments. This is a good option if you are experiencing temporary financial hardship, such as a job loss or a medical emergency.

Loan modification: This involves permanently modifying the terms of your mortgage through your lender to make the payments more affordable. This is a good option if you are experiencing a long-term financial hardship, such as a permanent reduction in income.

Refinancing: This involves replacing your current mortgage with a new one with more favorable terms. This is a good option if you have a good credit score and enough equity in your home to qualify for a new mortgage.

Selling the property: This involves selling the property to pay off the mortgage. This is a good option if you have enough equity in your home to pay off the mortgage and cover the costs of selling the property.

Deed in lieu of foreclosure: This involves voluntarily transferring the property to the lender to satisfy the debt. This option is good if you cannot sell the property or refinance the mortgage.

Bankruptcy: This involves filing for bankruptcy to obtain an automatic stay, which will temporarily stop the foreclosure process. This is a good option if you are facing foreclosure and need more time to explore your options.

Bankruptcy Options for Stopping Foreclosure

If you are facing foreclosure, you may be able to stop the foreclosure process by filing for bankruptcy. When you file for bankruptcy, an automatic stay goes into effect, prohibiting your creditors from taking any collection actions against you, including foreclosing your home. This means the foreclosure process will temporarily stop, giving you time to devise a plan.

Two main types of bankruptcy can help you stop foreclosure:

Chapter 7 bankruptcy: This is also known as “liquidation” bankruptcy. When you file for Chapter 7 bankruptcy, a bankruptcy trustee is appointed to liquidate your nonexempt assets and use the proceeds to pay off your debts.

However, most of your assets, including your home, will be exempt, so you will not lose your home. Chapter 7 bankruptcy can help you eliminate unsecured debts, such as credit card and medical debt, so you can use your income to pay your mortgage.

Chapter 13 bankruptcy: This is also known as “reorganization” bankruptcy. When you file for Chapter 13 bankruptcy, you will propose a repayment plan to repay your debts over three to five years. The repayment plan will be based on your income and expenses to make it affordable for you.

Chapter 13 bankruptcy can help you catch up on your missed mortgage payments and avoid foreclosure. It can also help you eliminate unsecured debts, such as credit card and medical debt, so you can use your income to pay your mortgage.

Continue Reading Read Less

Challenging Foreclosure

If you are facing foreclosure, you may be able to defend against foreclosure by challenging the foreclosure in court. Several defenses to foreclosure may be used, and the best defense will depend on your unique circumstances.

At John Lehr, P. C., we can help you understand your rights and explore your options for avoiding or challenging foreclosure with the best plan that meets your needs.

Contact John Lehr, P.C. at (516) 550-5467 to get started today.

Real Stories From Real People

What Our Clients Say About Working With Us

"He is a very competent and capable attorney."
I retained John Lehr as co-counsel in connection with a Chapter 11 bankruptcy proceeding. He is a very competent and capable attorney.

- William Cortellessa
"I would strongly advise hiring this attorney."
I thank God for someone like John. He is an amazing attorney. I had a judgment against me and he gave me a free consultation. He told me exactly what I needed to do. A lot of great advice.

- Mike
"We can only thank him from the bottom of our hearts."
I'm advising you if anybody going through a bad situation in bankruptcy please consult him cause we can only thank him from the bottom of our hearts.

- Bobby
"He gave me such peace of mind through my turbulent time."
I would call John Lehr at least 5 times a day. He was patient, and very professional in handling my inquiries with ease and clarity. He gave me such peace of mind through my turbulent time. I have referred him to many people because I feel he is such a strong, caring, and professional lawyer.

- Mike
"He exceeded all expectations and met all the deadlines I had requested of him."
Mr. Lehr was punctual and professional. He exceeded all expectations and met all the deadlines I had requested of him. He was able to explain the steps that would be taken in a clear and concise manner that was easily understandable. I would hire again.

- Eric
"Not only was he able to defend our financial rights, his calm and empathetic demeanor offered emotional succor to myself and those I care about most."
He was extremely professional and promptly responded to all of our concerns. My wife and I are eternally grateful for his service and I hereby recommend Mr. Lehr without reservation.

- John
"I highly recommend giving John a call whether you have an individual bankruptcy case or a complex corporate matter."
I consulted with John on a complex matter, and he took the time to review the entire docket, asked very relevant questions to indicate he had a good grasp on the case, and gave me very practical solutions on dealing with the matter.

- Neil
"I would gladly and highly recommend John Lehr every time!"
I was very pleased with Attorney John Lehr’s professionalism, courteousy, and how organized and fast he worked on my case.

- John

View All Reviews

Why Choose John Lehr, P.C.?

Personalized Service and Attention
We offer personalized strategies and results for every client.
Free Consultations Available
Get started on your filing with a free consultation today.
Virtual Consultation Available
With virtual consultations, it's easier than ever to get started.
Payment Plans Provided
Get the support you need with flexible payment plan options.

Contact John Lehr, P.C. Today!

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy