Where To Get Your Foreclosure Legal Advice? | Petroff Amshen LLP

March 25, 2024

Where To Get Your Foreclosure Legal Advice?

The role of aggressive litigation in a foreclosure proceeding

Finding Light in the Tunnel: How the Murphy Case Offers Hope to Homeowners Facing Foreclosure

In the labyrinth of financial challenges, falling behind on mortgage payments is a distressing situation that too many homeowners find themselves navigating. The story of Hailey and Benjamin Murphy*, though fraught with legal battles, sheds light on critical avenues of hope and assistance for those in similar predicaments. Their journey through the courts highlights the pivotal role of foreclosure defense attorneys and the significant impact of legal advice and foreclosure assistance in New York.

The Murphy Case Breakdown

Hailey and Benjamin Murphy found themselves in a dire situation when they were faced with foreclosure after falling behind on their mortgage payments. The initial court decision seemed to pave the way for the sale of their home. However, upon appealing the decision, a critical legal oversight by the plaintiff—failure to comply with RPAPL 1304—turned the tide in favor of the Murphys.

“All consumers may face various barriers at some point on their housing journey” - Fannie Mae, 2024

Key Lessons and Insights

‍

1. Understanding Legal Requirements: RPAPL 1304

RPAPL 1304 mandates lenders to send a notice via registered or certified mail, as well as first-class mail, to the borrower at least 90 days before initiating foreclosure. This requirement is designed to ensure homeowners are given fair warning and an opportunity to rectify their mortgage issues. The Murphy case emphasizes the importance of such legal prerequisites and how their oversight by lenders can provide a substantial defense for homeowners.

2. The Role of Petroff Amshen as Foreclosure Defense Attorneys

This case underlines the indispensable need for a skilled foreclosure defense attorney. New York foreclosure laws are complex, and navigating them without expert legal advice can be daunting. A NY foreclosure defense attorney is equipped to identify such critical lapses and leverage them to the homeowner's advantage, potentially saving their home from foreclosure.

3. Seeking Foreclosure Assistance

For homeowners falling behind on mortgage payments, the Murphy case serves as a beacon of hope, illustrating that there are avenues available to contest foreclosures. Foreclosure assistance can come in various forms, including legal representation, negotiation for loan modification, and leveraging legal defenses such as the one seen in this case.

The journey of Hailey and Benjamin Murphy from the brink of losing their home to finding legal recourse with Petroff Amshen emphasizes the power of informed legal defense and the critical role of foreclosure defense attorneys. For New Yorkers facing foreclosure, this case is a reminder that falling behind on mortgage payments isn't the end of the road. With the right help and strategic legal advice, there's hope for navigating the complexities of foreclosure and potentially saving your home. If you're in this situation, seeking a New York foreclosure attorney and exploring all available foreclosure assistance options can be your first step towards finding light in what may seem like a dark tunnel.

*Client names have been changed to preserve their privacy.