Prosecuting Foreclosure Violations
Massapequa Foreclosure Defense Attorney Representing Nassau & Suffolk Counties
On Long Island, many homeowners have been foreclosed on because of errors on their loan agreements. This practice became so widespread that the Chief Judge of New York Courts now insists that lender attorneys swear under oath they have personally read the loan documents for accuracy, they have consulted with a representative of the lender, and that the foreclosure complaint and supporting documents are “complete and accurate in all relevant respects.”
Failure to do so exposes the lender’s attorney to penalties of perjury and possible disbarment. It also exposes the lending institution to counterclaims from the borrower for fraud. If you have been victimized by false filings, it is in your best interest to seek legal defense from a skilled Massapequa foreclosure defense attorney.
Foreclosure Defense Lawyer on Long Island
At James J. Quail & Associates, P.C. we fiercely pursue allegations of fraud on the part of lenders. When a client comes to us, we do all of the following:
- Meticulously review the documents and payment histories presented by the lender in court
- Consult the client and review the client’s records and documents to expose errors and lies in the lender’s documents
- Where referral to the district attorney is indicated, we do so with full documentation of the fraud
- Use this evidence as defense against foreclosure and to counterclaim for damages on behalf of our client
Predatory Lending & Illegal Collection Practices
Lenders have, in many instances, tried to hide their predatory lending practices with alteration and fabrication of loan documents. They seek to conceal charging excessive fees and steer borrowers to subprime loans with excessive interest when the borrowers qualified for lower interest prime loans. They have proceeded to collection without offering the borrower a conference to avoid foreclosure with a realistic alternative.
In the foreclosure action, we raise defenses based on fraud, unclean hands, and violations of the Fair Debt Collections Act. We seek injunctions against the foreclosure and suitable damages for the lender’s unscrupulous conduct.
Don't be a victim! Contact our firm for assistance in prosecuting foreclosure violations. Schedule your free 30-minute consultation today.