HOW TO CHOOSE A FORECLOSURE DEFENSE ATTORNEY
To my mind, the most important qualification a foreclosure defense attorney should have is experience obtaining the following outcomes for clients:
Obtain a modification, short sale, short pay off or “cash for keys,”
Have the foreclosure action dismissed — perhaps forever,
Have the Mortgage rescinded (i.e. – voided and removed from the public record),
Have money paid to the bank previously refunded to you, and/or
Have the bank pay your attorney fees in the foreclosure action.
Many attorneys only have experience getting a modification or short sale for clients. That is their “standard playbook.” If you hire such an attorney, you will, at best, probably get a loan modification. If you want more than a modification, you must find an attorney who offers you more than getting a modification.
Fewer attorneys will know how to get the foreclosure action dismissed. Even fewer know how to get it dismissed “with prejudice” (that is, forever).
The rarest skill I have seen in attorneys, on either the bank or borrower side (and I’ve done both), is knowing how to use the predatory lending statutes of New York State, Banking Law 6-l and 6-m. There are truly fine points regarding these statutes (so finding the right attorney is so important!). Raising a defense based upon these statutes properly can result in items 2 through 5 above.
I have successfully done the kind of work involved in items 1 through 5 above. I have represented both banks and borrowers – besides closing thousands of loans and doing title work. I have never yet met any other lawyer with the breadth and depth of experience in mortgage foreclosure defense work that I have. Some attorneys might attack me as “conceited” for saying that. I believe I’m being realistic.
If you do know of someone who does have greater experience than I have, please point me to their writings. I’d like to know what they know.