Defending a Lawsuit Against Foreclosure

What Is A Foreclosure Lawsuit?

A foreclosure is a legal process that involves a lender approaching a court of law to seek an order to allow them recover the balance of a loan from a borrower who has not been able to either keep up with the repayment terms or to completely repay the debt, by selling off the assets used as collateral to obtain the loan.

A foreclosure lawsuit is not dissimilar to any other kind of lawsuit. The same way one can be sued for medical misdiagnosis, personal injury or even a breach of contract is the same way one can be sued for foreclosure.

Peradventure you are sued, you usually have between 20 and 30 days to answer in court or else, the plaintiff can get a default judgment against you. Once the judgment has been taking against you, the plaintiff can restrain your bank account, seize your asset or even garnish your wages. By this time, no trial would be necessary. This judgment thus allows the lender to sell off your asset to recover the said debt.

To prevent this from happening, it is always advisable to answer the foreclosure lawsuit.

This article will explain the things you need to understand when defending a foreclosure lawsuit and other related subjects.

What Happens If You Don’t Answer A Foreclosure Notice?

Not responding to a foreclosure lawsuit is very likely to work against you, as a default judgment will very likely be given against you. Meaning that the relief which the plaintiff sought will automatically be given to them. It is therefore in your best interest to respond to such notice as soon as possible, or at least within the specified timeframe given to respond to it.

Many people often find going to court or appearing before a judge somewhat scary, so if such applies to you, then you might consider retaining the services of a foreclosure lawyer or even a business attorney who specializes in real estate or property law.

Whatever the case, as part of the plaintiff’s lawsuit against you, they will usually present certain documents to back up their case against you. Such documents will usually consist of things like the contracts you signed when obtaining the mortgage, accountings of both missed payments and the payments you made, served notices, communications with you, declarations and so on.

As previously stated, if you don’t pitch up, the court will automatically rule against you via a default judgment. Similarly, even if you do pitch up but you are not able to provide any information contrary to what the lender provides, then the judge is also likely to accept the argument of the plaintiff and thus give the lender the right to foreclose on your property. If however, you provide evidence or information that contradicts what the plaintiff tenders before the court, then the court will have no choice but to provide a date for a proper hearing and possibly a trial afterward, to allow both parties to properly present both legal and factual arguments supporting and opposing the foreclosure.

Discovery and Trial

Before the trial date, there will be a process called “discovery” which involves both you and the foreclosing party requesting documents, facts and other important details from each other.

During the trial, the foreclosing party must offer proof of a right to foreclosure the property in question. You as the defendant will have to prove why the foreclosing party should not be allowed to foreclose on your asset. There may be witnesses who will be questioned and cross-examined.

At the end of the trial, the judge will either give an order for foreclosure or dismiss the case.

Causes of Actions for Wrongful Foreclosures

Wrongful foreclosure occurs when a lender starts a non-judicial foreclosure against a homeowner when the lender has no legal cause to do so. Non-judicial foreclosures contain a clause in the agreement which allows a lender to foreclose without filing any lawsuit.

Wrong foreclosures may be based on the inability to foreclose because of mistakes on the recorded paperwork which can be attributed as negligence or even fraud, void assignment of the deed of trust or even on statutory violations.

There are different causes of actions for a wrong foreclosure. Wrongful foreclosure actions may suggest that the amount which is stated in the notice of default as owing and due is incorrect due to the following points:

  • Misapplication of payments
  • A breach of contract
  • Incorrect adjustment in business rate
  • An incorrect tax impound account
  • Unfairness in business practices
  • Refusal to consider a loan of modification
  • Improper notice to the asset owner
  • The inability of the lender to discuss foreclosure alternatives with the borrower
  • The inability of the lender to provide payoff figures

Wrongful foreclosure usually occurs due to miscommunication between a lender and the borrower. This could be because of an incorrectly applied payment, a mistake in interest rate charges and inaccuracy in information communicated between the lender and borrower.

Common Foreclosure Defenses

There are different ways to save your assets from foreclosure. Some of these foreclosure defenses can be used to delay or stop the foreclosure process if the lender did not follow the proper state procedures for the foreclosure process.

Most foreclosure defenses do not completely stop the foreclosure process, however. Some defenses may delay or even restart the process. This in itself can potentially be advantageous as it can give you more time to try and get back on track with the repayment of the debt.

Some of these foreclosure defenses that can delay or stop the process are:

  • Statutory violation
  • A mistake in the mortgage service
  • Fraudulent conditions on the mortgage paperwork
  • Predatory lending
  • The inability of the lender to follow the proper foreclosure procedures
  • Issues with the promissory notice
  • Interest rates charges that violate the state or federal law

To discover if you have one or more foreclosure defenses and how to give those defenses in court, consider talking to a qualified foreclosure attorney who can advise you on what to do in your particular situation.


Whenever you receive a foreclosure summon, do not hesitate to answer the summon as ignoring it will be to your disadvantage. Consider employing a foreclosure attorney immediately.

foreclosure attorney will help in answering summons and pointing out the errors in the complaints made by your lender. Also, an attorney will help create foreclosure defense strategies while pursuing a permanent solution that will prevent the foreclosure such as a loan medication platform.


Michael Kay is a writer, entrepreneur, social media enthusiast, and blogger. He writes for various publications online and offline. He has also joined the team of content writers at Telligent Marketing LLC, a digital marketing agency that offers law firm SEO Services for law firms.

How To Find The Best Small Business Lawyer in New York

Most business owners often find lawyers through personal referrals, as this provides a kind of ‘social proof’ for them. But one should always be sure to ask the friend or colleague how they know the lawyer and what type of work he or she did for them in the past.

Haven said that, personal networks can be limited, thus, more and more business people are using online resources to find lawyers. While there are many directory sites online that provide a good resource for finding lawyers as well as providing a review or ratting of these lawyers, it is always a good idea to check how these reviews and ratings are generated. You can use a proprietary algorithm rather than actual client reviews. This is because, for many people, it is often easy to buy or fake a review. Keeping this in mind, there is also a rapidly increasing number of higher-quality resources online, which will help you to connect with a lawyer. But, just like with everything else, find out how they find and vet their lawyers.

Small Business Lawyer

Regardless of which sources you use to find a lawyer, it is often a good idea to communicate with multiple lawyers before arriving at a conclusion. Speaking to several of them will give you a sense of what you would like and what you don’t, the types of expertise different attorneys have and their views on whatever legal issue you are faced with.

Entrepreneurs and business people basically want to find out the one who is fit to be the ‘best’ lawyer for the tasks at hand. But so long as that lawyer is highly qualified in the field required, the right choice for you should be the one you can picture creating a long term relationship and striking a rapport with.

Getting a NYC small business lawyer through online means can sometimes be very tricky. You may encounter cases of fraud and be cheated out of your money or even end up losing your business. You always have to perform a thorough background analysis on every lawyer you are considering working with, to be sure of who exactly they are.

When deciding to work with an attorney, another thing to be sure to look at is the person’s basic qualities too. For example, do they have good recall ability? Are they apt as stated in their profile? Do they have the requisite knowledge in the specific business area you operate in? Do they have the critical thinking skills and multi-perspective thinking capability, and is he or she an articulate speaker? These are some of the things you need to try and observe when meeting with any prospective lawyer for your business.

In general, some of the things you should seek to know about any prospective lawyer include the following:

  • Years of practice
  • Typical client in terms of size and industry
  • Primary sectors of practice/ breakdown of work usually done
  • How often does he or she handle similar issues (it helps if it is very often)
  • Other lawyers in the firm and their field of expertise. Also, who will handle your case among them?
  • Types of fee arrangements available to you, whether flat, hourly, capped, contingency or any other. Is a retainer required?
  • What rate is there and if there are others working on your project, how much their rates will be.
  • How often your bills will be due and whether you can get to see what you are billed in real time. Can you pay them online?
  • About the project at hand. What is involved? How long it will take and the kind of information that will be required from you. The number of times the lawyer will need to meet with you.
  • Will you be the primary point of contact? What his or her typical response time to clients is.
  • How he or she likes to communicate with clients, e.g. phone, email, etc.
  • Why did he or she become a lawyer? And what he or she loves most about the practice.
  • His or her view about what things make a lawyer-client relationship work and what the challenges are.

And, perhaps, the most important question: can you speak to past clients of this lawyer?

Keep it in mind that a good connection with a lawyer can help you protect your business in long-term, so doing your part diligently will pay later.

Business Contracts

A business contract is a legally binding agreement between two or more parties. A contractual agreement may be made when the interested parties decide to engage in a transaction, including a purchase or sale, service delivery, property leasing, advertising, joint venture agreements, distribution, or selling of goods, etc. The business contract serves as a collateral to prevent any of the involving parties from cheating.

A business contract comes in different lengths based on the number of clauses entered into by the two parties. It can cover just a single paper or it might spread across several numbers of pages, and in some cases, become a booklet. Every business agreement is bound by legalities and comes with laid down duties. Generally, it’s a good practice to make sure that every business contract is entered into in the presence of lawyers from both sides.

The names and addresses of parties to a business contract are normally found on the first page of the contract. The first page could also house a short description of the jobs of signatories, as well as contain the date on which the contract was signed.

business contract

The part following the first page is referred to as the recitals, which features a brief explanation of the type of business the two parties are to agree on and usually covers not more than a paragraph. This part is followed by the specifications, where a detailed explanation of the business is given. This is the exact job portfolio and can span across several pages, with detailed explanations and descriptions.

Following the job portfolio is the payment. Here, there’s a clear statement of how the other party is to be remunerated. The amount can be stated, or in some cases, the determining parameters are stated. The sentence “Time is of the essence” would be added in case the carrying out of the job or contract hinges on time sensitivity. No matter the payment type or factors used, everything should be clearly spelled out in the contract.

All the above-mentioned points are crucial to the contract, however, that’s not all. There are a lot of legal issues to be added. The contract also contains the state jurisdiction that will be used if a dispute and legal suit arises. Additionally, the term of validity of the agreement is stated.

A business contract is a sensitive issue when it comes to business transactions. Before a final draft of the contract is reached, there are several discussions between the contracting parties, as well as their lawyers. In most cases, the contract agreement goes through a lot of deliberations, negotiations, and amendments, until all the parties are satisfied with the outcome before the contract is finally drawn. When all the parties mutually agree on the contents of the contract, then signatures are penned down. So far as the contract is a valid one, it is a general practice to ensure that each and every party to the contract has, in their possession, a copy of the agreement

How To Grow Your Solo Law Practice

Each year, thousands of people graduate from various law schools all across the country. For these people, they have a lot of hope and dreams for the future. One of these hopes and dreams involves finding a dream job in one of their dream law firms. While dreams do come true, sadly sometimes it doesn’t for some people.

For those who will find difficulty in finding that dream job, there are not that many options left for them in terms of a career path. However, one option that anyone who falls into this situation needs to seriously consider is going solo as an attorney by opening their own law firm.

While not particularly easy, it can definitely be done, provided you have the will and determination. Now once you are able to summon up these features, then you can use the following points as a sound advice to follow to help you streamline and make your law practice lean and mean.



POINT 1: Pinpoint the exact services you want to offer and focus on that niche. The old days of being a generalist is long dead and anyone who things he can have great success by being a jack of all trade is fooling him or herself.

POINT 2: Be clear and specific on the types of clients you’d like to attract and work with. To increase your chances of success, you need to be specific on a lot of things related to your law practice, so such things as being specific about the demographics, geography,  occupation and more of your clients.

POINT 3: You need to come up with a few specific value added services that you will offer to your clients for free. The keyword is “added value.” The main idea is to be able to provide the same services to potential clients, at a lower price tag, while going above and beyond what the value of what they will pay you. These are the types of things that will give you an edge over the next law firm.

POINT 4: Be unique and don’t just be “just another law firm.” Being a new law firm, and likely one that has rather limited resource, you need to find a way to make your law firm unique in some way. It may be some unique marketing campaign, or some major cause that you use your law skills to fight for. Whatever it takes, within reason, to make yourself and your services stand out from the rest (competitors).

POINT 5: Focus on building a relationship with, instead of selling your service to anyone who has a potential of being a client. Don’t see clients as clients, or potential clients. See them as people with problems, problems which you might be able to help, the same way you would if they were a relative of yours.

POINT 6: Be sue to start building your mailing list from day one. Your business list will likely be one of your biggest assets, and the earlier you begin to build it the better for you.

POINT 7: Be sure that people can reach you any time any day, 7 days a week. It will not look good on you being a new young lawyer, and there is suddenly a potential client trying to reach you but is unable to. Be sure to either have a voice mail set up, or have a call forwarding service, which is even better if you have an un-monitored phone.

POINT 8: You need to spend a lot of time building your brand. One good way to do that in today’s digital age is to spend a lot of time on content marketing and providing informative actionable advice to people who might need that information. Social media is also a good way to build your brand. The more your put your name and the name of your law firm out in the public space and in front of people, the more people will know about you and when the time comes that they need legal help, it will a bit easier to find you and/or remember your name.

Seminars and podcasts are also a good way to build your brand. In combination with educational articles and social media posts, this will go a long way in achieving the objective.

POINT 9: Where possible, and where you have the funds, spend some money on paid advertising. As has previously been said, you can use this paid advertising platform to do something unique, such as advertising a message to provide pro-bono legal services to a certain number of people. Anyone who takes your offer quickly becomes someone whom you can use to reach other people who might need legal services. Thereby slowly building your law firm


7 Hot Tips For Effective Lawyer Marketing

If there is one thing lawyers are generally good at, it’s practicing law. What is one thing they are terrible at? Even though I can probably mention a hundred, I want to focus on just one thing – marketing (their services.) That’s one of the reasons their own marketing efforts are often destined to fail.

Lawyers practice law, NOT marketing. It takes a certain amount of boldness for an attorney to think he can effectively market his services. And in cases where they admit they know nothing about marketing and decide to entrust that function to a professional, you can almost be sure to have them constantly over analyze whatever marketing plan presented to them. If there is one thing you are very likely to hear from them, or that they might imply at some time, it the fact that “beyond a reasonable doubt” there is no way that marketing plan presented can work for them.

Here are eight great suggestions from law firm marketing professionals that are guaranteed to produce results for your law firm’s marketing activities.

Lawyer Marketing

  1. Be cognizant of the fact that there are some risks involved in marketing a law firm or service. Be open to accepting and embracing this risk.
  2. Have it in mind that being a lawyer is being a business owner. Therefore you need to learn how to sometimes switch off from lawyer mode and put on a business person’s hat. So you need to stop seeing yourself as “an attorney” and do all the things that a business person would do to grow his business.
  3. As previously mentioned, being a lawyer is very far removed from being a marker, or in fact knowing anything about it. So essentially, when the subject matter involves marketing, you simply should stop arguing with the marketing experts handling your marketing.
  4. You need to recognize and realize that the traditional and old way of marketing a law firm is dead. The famous Yellow pages of yesteryear is all but dead, as is most newspaper advertising for the most part. Neither of these methods can ever be half as effective as the Internet.
  5. You need to recognize that marketing, and digital marketing especially, takes time. So don’t bring on board a marketing team and expect to begin to see results in 3 months. A reasonable mindset to have is “however long it takes” to achieve results.
  6. There’s always a price that comes with effectively marketing a law firm. You need to be ready to pay the price to see results.
  7. Realize that “Education-Based Marketing” alongside a solid “Client Referral System” is the recipe for effective 21st Century Law Firm Marketing. This is why you must ensure that your marketing campaign involves a very strong and robust content component.

In the event that you absolutely cannot hire a marketing team to handle your marketing for you for whatever reason, including not having the funds for it, then the best you can do in that situation is to make sure you thoroughly learn all there is to learn about marketing. So this means reading as many books,  participating in as many forum discussions, taking some marketing courses, finding a mentor to put you through, and any other thing you can think of that will help. So while doing all of these can get the job done and turn you into a mean marketing machine, recall that marketing is and/or can be a full-time job, which will obviously take up a lot of the time you need to dedicate to your law practice.

Lastly, in addition to all the learning, you will be doing on the subject of marketing, especially digital marketing, there are a few specific things you can do that can somewhat aid in your marketing, without you needing to  Alternatively, look to obtain a listing in another highly trafficked legal site in your state.

Firstly, it goes without needing to be mentioned that the very first thing you need to do is own a dedicated law firm website, but you shouldn’t expect clients to start hounding you down just because you now have a website. That said, some of the things you can do that require very little marketing effort or knowledge, is to make sure you submit your firm to as many lawyer directories online as possible, as there is a new trend of people flocking to the many lawyer directories online to find a lawyer to provide legal advice.

What is Lawsuit Funding?

Lawsuit funding, alternatively called settlement cash advances, has become quite a common service in recent times. Every injured persons in the US can use this very service to finance the lawsuit they intend on filing against the party responsible for causing their injury. Such funds can be used by the client for any instantaneous financial challenges arising from their injury such as credit card bills, mortgage payments, car payments etc.

It is simple and quick to get a cash upfront on an awaiting settlement or lawsuit. If you have been involved in an accident that caused a serious injury and are being represented by a lawyer, all you need to do is simply get in touch with a pre-settlement funding company such as Injury Funds Now. To apply, you can simply google their name to find their website. Your case will then be reviewed by them and within a few days, they will give you a feedback. If you’re okay with the offer, a part of what could be your settlement is advanced in return for a percentage of the anticipated recovery. ‘Injury Funds Now” will give you a reply just within 24 hours that is why they have one of the fastest turn-around times in the industry. Funds will be wired directly directly into your bank account the same day.  

Most of the lawsuit funding companies give cash advances only on the merits of the case. You do not need to be employed neither are there any credit checks. If the case becomes a  successful one, the money advanced and the fee previously agreed upon are paid out from the proceeds of the injury claim. If the case becomes unsuccessful, there is no fee and the funds are not going to be repaid so this is a 100% risk free service.  This leaves the funding company on the losing side, and at such, rates and fees vary from one company to the other, depending on the risk appetite of the company in question.

Some of them charge hidden fees such as application fees, closing costs, etc. They tend to offer what appears to be very low rates, but when you add the hidden fees and all the rates, which are often compounded every month, it can get quite high. ‘Injury Funds Now”  is void of compounding or  hidden fees. They even have a same rate program which allows you to know the amount you’ll have to pay back.

Lastly, take note of the fact that oftentimes, the defense attorney of the defendant will often intentionally try and prolong the case  with the hopes that the plaintiff  will become desperate and will agree to settle for less than what is being sought. It can only be balanced by a pre-settlement advance, by allowing the attorney to take his or time to get the highest possible recovery! So by making use of a service that provides lawsuit funding, it is possible to ensure that the case has all the resources it needs and consequently stands a higher chance of ending with a positive outcome, benefiting both client and attorney.