Litigations dealing with Long Island foreclosure defense will give you a lot of trouble. Those will not only strain your coffers, but will also waste a lot of your time, especially when attending formal hearings. Usually, banks are the ones who press claims for your property to be seized, for them to benefit on your home’s real estate value. What if you know that you are not at fault on this case, but the other side is just massing an elaborate way of delaying the process of handing the decision down? Then it’s the time to take on the fastest way out where your victory is assured.
Here are some of the basic rationalizations you can use in the proceedings about your home mortgage that will ensure that your side wins the fight:
• Showing the court that the transfer of the mortgage is “wrongfully assigned” – creditors may have transferred the mortgage payment to multiple banks and that makes the whole payment process too complicated to trace back. Simply put, the aim of this legal maneuver is to force the prosecution panel turn over a physical form of mortgage payment transfer, else their case does not have proper grounds.
• Loss of the Original copy of the mortgage note – if the bank filing the case cannot present the master copy of the mortgage note where their claim began, your Long Island foreclosure defense team can immediately set a motion to dump the case outright. However, these banks must have never gained possession of the aforementioned note in the first place.
• The complainant/s cannot establish the facts of their case – as with handling any kind of judicial proceedings, the prosecution should make sure that they can lay out the truthfulness of their claim. Without this groundwork, the trial cannot even stand on its own, and therefore can be immediately quashed.
• Banks negligence to provide an affirmation from a certified Attorney – this is a recently added safeguard to protect the interest of the borrowers. Courts of law now implement that the rule that banks must have a legal representative inside any halls of justice when their claims to seize a property is being carried out. If the complainant/s cannot produce an attorney who is a legitimate practitioner regarding mortgage claims, your Long Island foreclosure defense lawyers can invoke that the prosecution’s claims are invalid.
• Failure to sufficiently establish a correctly transferred ownership of the property – it is also known as the inadequately connected chain of proprietorship to the disputed home. When the banks pressing claim on your estate cannot give the court a properly documented detail on how they got hold of the property that they want to sequester, they will be forced to abandon the case as it will look like they just stole the property from its rightful owner, which is you.
• The failure of the prosecution team to affirm their legal stand to press claims – The banks who want to grab your land out of a botched mortgage plan must first made clear to the plaintiff that they are can legally claim the property they want to seize. If they cannot do this, the legality of the case can be questioned.
These Long Island foreclosure defense basics are just guides for you to have an idea how to wiggle your way out of the problem if you have already identified the problem with your property. It’s still up to the evidence you will present to the court if your efforts to fend off the attempts to legally take away your property will succeed. Be ready with what the prosecution might throw your way and remember these tips if you see an opening on their attacks.