Many clients have come to me and tell me about their terrible experiences dealing with the aftermath of Superstorm Sandy and how it drove them into foreclosure. It's bad enough to have a home severely damaged and then get swept up in red tape with insurance companies and home improvement contractors, but then have to move out and seek temporary housing so that the home can be rebuilt or renovated all along while paying rent and still having to pay the home mortgage is too much for anyone to bear. Although the government did impose a one year moratorium on foreclosures, many homes are still caught in the storm of red tape and delay in getting the home restored or rebuilt. Faced with this situation, what does one do? Is there a defense in the foreclosure action whereby one can claim that the storm was an act of nature and therefore, the court should excuse the mortgage default? Perhaps and maybe it should be a defense. However, the individual circumstances regarding each case will be of utmost importance in asserting this defense. It is equally of utmost importance to seek out advice and guidance from an experienced attorney who can navigate through the levels of complexity in such inexorable circumstances.
Arnold M. Bottalico is an experienced Long Island, NY foreclosure attorney with over 25 years of experience, and he welcomes your questions and comments.