Seek Help Early
Posted by kevin on December 14, 2011 under Foreclosure Blog | 
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Last week, I argued before the Appellate Division to set aside a default judgment. My client had good arguments that the loan was predatory, that the plaintiff lacked standing and that the Fair Foreclosure Act may have been violated. However, the judges focused on the fact that my client never hired a lawyer until more than a year after default judgment had been entered. I made creative arguments to get around this “bad fact”- arguments that are a little too detailed and, perhaps, too boring to be presented here.
Without going into detail, there is a lesson to be learned irrespective of how the Appellate Division rules. When you get served with a Notice of Intent to Foreclose or a Complaint, hire an attorney to file an answer. I know that at the same time these papers are coming in, the servicer is bombarding the borrower with letters about modifications containing statements that the lender wants to work with you to save your house. That is usually a lot of hot air especially when you look at the dismal percentages on permanent modifications being granted even at this late date.
