Long Island, NY Foreclosure Lawyer Arnold M. Bottalico
Contact us at 516-543-1329
  • Home
  • Bio
  • Practice Areas
    • Long Island, NY Foreclosure Defense
    • Real Estate
    • Estate Planning
    • Personal Injury
  • Services
  • Blog
  • Contact Us

If I defaulted by not answering a foreclosure complaint, can I still raise defenses later on in the action?

1/23/2022

0 Comments

 
It depends on the facts of the case. Generally, if the borrower lives in the house that is the subject of the foreclosure action then the law permits the borrower to serve an answer within 30 days after the first foreclosure settlement conference. This could be many months after the time to answer expired. If the answer is not served within this time then the borrower will need to make a formal motion to set aside their default. In order to succeed on such a motion, the borrower must show a reason for their delay and a meritorious defense to the foreclosure action.  If however, the borrower was not properly served with the summons and complaint, the borrower does not have to show a meritorious defense and must prove that service was defective. There are too many technical issues to address here. Obviously, it is always best to protect one's rights by retaining a foreclosure defense attorney asap. 
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Author

    Arnold M. Bottalico is an experienced Long Island, NY foreclosure attorney with over 25 years of experience, and he welcomes your questions and comments.

    Archives

    January 2023
    May 2022
    January 2022
    December 2021
    March 2020
    October 2019
    September 2019
    August 2019
    May 2019
    September 2018
    February 2018
    January 2018
    December 2017
    August 2017
    July 2017
    April 2017
    February 2017
    January 2017
    October 2016
    September 2016
    August 2016
    June 2016
    March 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    December 2014
    July 2014
    June 2014
    May 2014
    April 2014

    Categories

    All

    RSS Feed

Attorney Advertisement