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Types of Foreclosures
Foreclosure occurs when real property is sold to satisfy an unpaid debt. The debt is most usually a home mortgage. The term mortgageÂ includes so-called Å“equity lines of creditÂ which are typically in a junior position to a first mortgage. These equity lines of credit were hugely popular during the dramatic increase in real estate prices in the decade prior to the 2008 real estate meltdown and recession.
Foreclosures can happen because of other types of liens also. Tax liens, mechanic’s liens, and other types of debt, including civil judgments and criminal forfeitures can lead to foreclosure. In our practice at the Koplen Law Firm, we are most often concerned with foreclosures resulting from failure, or an alleged failure to make
mortgage payments for a period of time.
In New York, mortgage foreclosure is a judicial process. In other words, before a bank can foreclose, it must get an order from a court, usually the Supreme Court of the State of New York, which is the trial level court found in each county of the state. At our firm, when a lender begins an action to foreclose, we interpose an answer on behalf of our client. That answer in
effect stops the foreclosure process. Do not make the mistake of ignoring a summons and complaint for foreclosure because this will allow the bank to just get a default judgmentÂ against you, and you will be in greater danger of losing your home.
If you are served with an action in foreclosure, call the Koplen Law Firm immediately at 845-623-7070. We will protect your home from foreclosure. The answer that we submit to the court for you will raise many effective defenses to the foreclosure action. This is the first step in defending a home from foreclosure, and it is a very powerful one.