Foreclosure and Surplus Money Proceedings
The Partners spent years representing lenders in the prosecution of foreclosure proceedings. If you are a lender, we can handle your mortgage or tax lien foreclosure action. We will do our best to expedite your matter and remain current of the legal developments with the evolving law to insure that your action is not delayed or dismissed for failure to comply with the law.
 
We use the knowledge gained from representing lenders, in conjunction with our experience in representing homeowners who have defaulted in their mortgage payments to provide such homeowners with the best possible chance of settling, defending or staying foreclosure proceedings brought against them.
 
The Partners’ Court appointment to act as foreclosure Referees to Compute and Sell also helps to round out our knowledge and better serve our clients.
 
We can attempt to negotiate a modification of the terms of your loan to lower not only your interest rate but also the principal balance of your loan. This may make the difference between your being able to afford the monthly payments or being in jeopardy of losing your home. Or, if you owe more money on your mortgage than your house is worth, we can attempt to work out a short sale (selling your house to a third party and having your lender accept the proceeds from the sale, less the associated expenses, in full satisfaction of your debt) or a deed in lieu (giving the lender title to your house and not having any further liability to the lender).
 
Our attorneys also represent homeowners in Court. It is best to consult with us at the beginning of your case so that we may review your paperwork to determine whether you have a defense and present it in Court. However, even if your home is scheduled to be auctioned soon, we may be able to stop the auction without the need for you to file for bankruptcy. In addition, we can represent you in court settlement conferences so that you are in the best position to negotiate a favorable settlement such as,  a loan modification.
 
If your home was sold at a foreclosure auction, we can determine whether you are entitled to surplus funds from the sale. While this may be less common due to the falling home prices, surplus funds may be left over from years past. If you do not claim this money, you will lose it and the funds will simply be paid over to the government.
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