Financial institutions expect you to vacate the property before they come and legally take it out of your control. However, the time given by banks can also serve you well as you can use it to try every legal means of fighting your way out of their grasp and proving that they are taking away your property illegally. In this regard, you will need to hire a Long Island foreclosure defense attorney that will serve as your representative inside a courtroom, making sure that the financial institution trying to get your home will not succeed in their attempts.
To win a case like yours, lawyers usually make use of some basic tactics that they’ve mastered. Of course, their strategy depends on how the bank approached you and on the wording of the seizure order. Depending on the current status of your property, they can use one of these tactics to prove that you’re the rightful owner.
- Dishonest selling practices committed by the bank – it’s not that unlikely that the bank chose to keep the true nature of the property hidden before placing you as its owner. This usually happens when a pair of documents, namely the deed of trust and the promissory note related to the stature of the property you’ve bought, gets separated. The law states that these two papers should only go to a single person. If you only received one of these papers, you and your Long Island foreclosure defense lawyer can use this fact to nullify the financial institution’s claim over your property, and as a bonus, they can be sued in turn due to this violation of the law.
- The legitimacy of MERS (Mortgage Electronic Registration System) as a way of validating ownership of a property – while MERS exists as a means of tracing the real owner of a property, it isn’t recognized by most courts of law. Long Island foreclosure defense attorneys never forget to exploit this flaw. So, why isn’t MERS considered a reliable source of evidence regarding ownership? Well, its records aren’t synchronized with the files of any government office, especially those dealing with problems regarding real estate properties. Simply put, merely pointing out that MERS doesn’t have merit in solidifying a bank’s claim over a property is sometimes enough to win the case.
- The location of your property and where the bank pressing claims holds office – if the party that issued the foreclosure order isn’t located within the state where your property is, you’ll have a much bigger chance of winning the case. After all, for a foreclosure order to take effect and become a valid claim, the office that issued the legal notice must be situated within the area where your property is. In a related matter, the laws followed in your area of residence should be the same rules adhered to by the court when tackling the claims of the bank over your property. Therefore, your Long Island foreclosure defense lawyer can focus on creating a legal measure that will save your property from being seized, depending on state laws.
As you probably expect, those are just some of the many strategies available to the most seasoned attorneys. That’s why you shouldn’t hesitate to carefully search for a lawyer who’s not merely eager to assist you, but also has credentials synonymous with success. Of course, a careful search means that you’ll have to evaluate every option available to you and each detail that’s in front of you. Well, there are lots of good attorneys in Long Island and so, you’ll probably succeed in your search and in your legal battle.