Queens Foreclosure Defense Lawyer
Protecting Your Home and Your Future
Sometimes unpaid debts can lead to serious, life-altering consequences. If you find yourself in a situation where you cannot pay your mortgage and are facing potential foreclosure, you need qualified legal help, fast.
At the Law Office of Seni Popat, our mission is to make people’s lives better. One way we accomplish this is by helping people keep their homes. By working with our Queens foreclosure defense attorney, you can file for bankruptcy—an action that could prevent your lender from seizing your property, evicting you, and selling your home.
Filing Bankruptcy to Stop Foreclosure
There are two types of bankruptcy that could prevent home foreclosure: Chapter 7 bankruptcy and Chapter 13 bankruptcy. Successfully applying for either of these forms of bankruptcy results in the issuing of an automatic stay, which means that all collection activities must stop. This includes the prevention of a lender foreclosing on your home.
How Does Bankruptcy Stop Foreclosure?
- Under Chapter 7 bankruptcy, an automatic stay provides the borrower an opportunity to catch up on missed mortgage payments. However, failing to take care of the overdue payments can lead to the lender filing a motion to lift the stay. This action will enable the foreclosure to proceed.
- Chapter 13 bankruptcy provides a more structured repayment program for debts. The individual’s mortgage payments are included in the repayment plan and paid off over a period of three to five years. The monthly payment amounts will be determined by the person’s level of income. As with Chapter 7 bankruptcy, failure to make payments can result in the lender lifting the stay and proceeding with the foreclosure.
How Do I Respond to a Foreclosure Summons?
For a judicial foreclosure, a lender will have three documents for the summons:
- A complaint
- A summons
- A notice of lis pendens
To fight the foreclosure, you must file an answer to all claims made by the lender in the complaint. You may assert defenses or affirmative defenses in your answer. If you need assistance with a response to a complaint, reach out to our experienced foreclosure defense attorney in Queens -- we are prepared to guide you through every step of the way!
For a nonjudicial foreclosure, you will not receive a complaint or summons, nor will you have the ability to respond. You must fight it in court through a lawsuit.
Is Bankruptcy the Right Option for You?
At the Law Office of Seni Popat, we let our clients know that filing for bankruptcy should be a last resort. Bankruptcy is not right for everyone, though it is the necessary option for many. Consult with our Queens bankruptcy lawyer to determine whether preventing foreclosure through bankruptcy is right for you.
- Can Foreclosure Be Stopped by Filing for Bankruptcy and the Automatic Stay?
- What are the Differences between Filing for Chapter 7 vs. Chapter 13
- The 6 Most Pervasive Myths About Bankruptcy
- What Are the Pros & Cons of Chapter 7 vs. Chapter 13?
(718) 340-3385 to schedule your complimentary consultation with our caring legal team.
Our foreclosure defense attorney in Queens is ready to help!
I had the pleasure of working with Seni Popat. He is a Top Professional!- I Gie – via Google
Law Office of Seni Popat is the place to get help.- Willie Kornegay - via Google
He is very knowledgeable, professional, helpful and was readily available to guide me and advise me through the filing process.- James Potter - via Google
Seni was absolutely fantastic.- Nicole H. - via Google
Mr. Seni Popat is THE BEST bankruptcy lawyer there is.- Yasmeen Smith - via Google