Welcome to Katz & Associates, PL – Law Firm
THE SENSE OF URGENCY DURING THE FORECLOSURE MORITORIUM – THE SILENCERS……..
The Truth about foreclosure without the false security. Many people have a false sense of security when they think
believing that because the bank does not call, or the bank no longer stuffs demand letters in the mailbox weekly, that somehow the foreclosure processes has stopped.
WRONG: The Attorney General’s imposed order that all home loan lender banks present stronger cases for filing in each jurisdiction [making folks believe all foreclosures have stopped] will soon expire! The banks have had 90-days to re-organize their cases and get new legal counsel in some cases so they can come back even stronger in their demands, and actually speed-up the entire foreclosure process.
What does this mean for you? Banks will be able to get judgments on those cases that were not filed with responses and legally defended prior to the moratorium of November 19, 2010. At Katz & Associates Law Firm, we have already had three cases in the past two weeks of parties that came to us at the same time the sheriff was knocking on their doors to evict them. One was saved, one was not because he waited too long to get legal counsel. When the sheriff comes knocking to evict it is too late! When you get the notice of intent for foreclosure from a lender, that is exactly when you need to hire legal counsel, so at Katz & Associates we can determine your viable defenses and fight for your proper legal rights to keep your home. Of course everyone’s case is different but IN ALL CASES, the earlier you seek help the better chances you have of success.
Abide by these very simple 5 basic rules of action >
1- If you are not paying your monthly mortgage when it is due and if you have gone more than 120-days, you can expect legal service of a court summons by your lender.2- If you are served, you will receive two (2) copies. One copy you must keep for your own records; the second copy you must send/bring to Katz & Associates Law Firm so we can review the case for you and determine what defenses you may have in your case to save your home.3- When we get a case early enough we can generally find defenses where the bank may have faulted in its preparation of the home loan closing documents and or contracts in order to force the bank to withdraw its action or better yet to get the lender to resolve the issue with you directly, that is called MEDIATION.
4- In some cases filed since February 2010 (one year ago) and up through 2011, we may be able to qualify you for a mediation hearing and obtain a court order to modify the loan with your lender. At mediation we attend with you and the bank has its attorney and we all sit before an impartial attorney authorized to mediate for the court. Mediation is done in an attorney’s office, not at the court. The mediator is not a judge and he or she will recommend to the court or advise the court the outcome of the negotiations at mediation when a settlement may be achieved. Everyone’s case is different; however, we have come out of mediation with some reasonable deals for clients who received large portions of the monthly mortgage payments reduced; the delinquency totally removed; the late fees totally removed; and/or all other assessments removed. Just recently in January 2011, we had a major bank agree to totally refinance the entire mortgage on a very expensive million dollar home! That is very rare, but we fight for those kind of opportunities for our clients and very proud and happy when it happens. We also had an entire case dismissed against another client because the bank had faulty documents.
5- IN FORECLOSURE DEFENSE: Provide your attorney with all things that can be used to make your defenses easier, such as paid receipts for property taxes and Homestead Exemptions, paid insurance payments, home owner association dues payments, taxes, pay stubs and checking account records. Any and all documents associated with your loan – such as the mortgage and note with need to be handed to your attorney. If you have already been served with foreclosure papers you will need to have that with you as well. All these important issues are essential to keeping a home in your ownership. You worked hard to get where you are – be proactive to protect your hard work.
ONE VERY IMPORTANT MESSAGE THAT WE MUST GET ACROSS TO YOU.
Do not have that false sense of security, because shortly “there will be over 1,200,000 foreclosures as estimated as of January 10, 2011 by the FHA in 2011.” Don’t be one of those homeowners getting a knock on the front door because you waited too long to defend your property. Remember, the right of home ownership is an American value we all hold very near and dear! You need help to defend your right of home ownership. Even though you may be allowed to defend yourself in court, when you go against large banks and their attorneys, you are not fighting the fight with proper ammunition. You need an attorney in the court room fighting for your rights!
KATZ & ASSOCIATES LAW FIRM
Katz & Associates, PLLC