Is your New York Foreclosure a scam?

Sounds like a crazy question, right?  Well, not necessarily.  In perhaps one of the most moronic, immoral, and I would argue illegal things Ive seen as of late, one of my clients was “served” with what appears to be fake foreclosure papers from a law firm.  Thats right.

I can’t get into specific details of the case, but lets it put it this way.  On average, it takes about 1 1/2 years for a foreclosure to go through in New York at this point in time.  We’re flooded.  Were simply flooded.  And you can’t just foreclose on someone merely by stating “Hey Im selling your house because you didnt pay me last month”  You have to start a legal action in New York.  You have to serve the person with legal papers (properly) and allow them a chance to respond to the action.  Its known as Due Process.  Then a period of “Discovery” occurs. Papers are produced from both sides, etc.  You see a judge a bunch of times.  Many times you attempt to have the loan re-instated.  In other words, a ton of stuff happens IN EVERY CASE.

In this individual case, it was as if I said to you “You missed a payment, you need to get out, your house is being sold next month”  On a sheet of paper.  Without signing it.  Or going to Court first.  Its sheer sheer insanity.  We’re going to deal with the law firm now and were going to do everything in our power to make sure this doesnt happen to anyone in a foreclosure action again.  I can’t tell you how disheartening is to see lawyers engaged in practices like this.

The moral of the story here is, if you think you’re being foreclosed on, make sure you speak to a lawyer.  Many of them have free consultations.  Or at the very least to your local Court and ask for pro bono assistance (many of them have this).  You don’t deserve to have your house literally stolen from underneath you.

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