Foreclosure Defense Lawyers in Garden City, NY

Your Rights as a Homeowner in Foreclosure

Understanding your rights during the foreclosure process is crucial for protecting your home and financial future. At Snider & Drachlis PLLC, we empower our clients by providing clear, comprehensive information about their legal rights and options. You have the right to contest the foreclosure, seek loan modifications, and more.

Here are some key rights every homeowner should know:

• The Right to Receive Proper Notification: Mortgage lenders must provide a formal notice of foreclosure, giving you time to review the situation and decide how to respond or seek legal assistance.
• The Right to Challenge the Foreclosure: Homeowners may have grounds to contest the foreclosure based on procedural errors, problems with the loan documents, or violations of state laws.
• The Right to Seek Loan Modification: You can request a loan modification that may change the terms of your mortgage to make payments more manageable and potentially help you keep your home.
• The Right to Redeem the Property: Depending on your state's laws and the stage of the process, you might have the ability to redeem your home even after a foreclosure sale.
• The Right to Legal Representation: You have the right to seek legal help to navigate foreclosure proceedings, understand your options, and explore all possible defenses.

Take proactive steps to safeguard your home. Contact Snider & Drachlis PLLC today to discuss your situation and learn how we can help you effectively exercise your rights.

Foreclosure Alternatives in New York

At Snider & Drachlis PLLC, foreclosure defense is not about delay but solutions. We work with property owners to identify practical, legally sound options for saving their homes or minimizing financial loss. Several foreclosure alternatives may be available depending on your goals, circumstances, and lender behavior.

New York Foreclosure Timeline and What to Expect

Many homeowners are unsure how long the foreclosure process takes in New York and what will happen at each stage. Understanding the general timeline can help you make informed choices and avoid missing important deadlines. While every case is different, most residential foreclosures follow a similar path from missed payments to a potential sale, and there are multiple points along the way where we can step in to help protect your interests.

Typically, the process begins when you fall behind on payments and receive delinquency notices and a formal default letter from your lender. If the arrears are not cured, the lender may file a foreclosure complaint in the Supreme Court for the county where the property is located, such as Nassau County Supreme Court for a Garden City home. You will then be served with a summons and complaint, which must be answered within a specific period, and failing to respond can limit your defenses and options.

After the case is filed, New York law often requires a mandatory settlement conference in many residential foreclosures, where the court brings you and the lender together to discuss possible resolutions. This is a key opportunity to pursue a loan modification, repayment plan, or other negotiated workout while also preserving your legal defenses. If no agreement is reached, the case may proceed through motions and, eventually, a judgment and sale, but even at later stages, there may be room to negotiate or raise issues about how the lender handled the loan.

Throughout this timeline, we help you understand what each notice or court date means so you are not caught off guard. Our team keeps track of filing deadlines, appearances, and conferences, and we explain how decisions you make today—such as listing the property, applying for assistance, or preparing for trial—may affect your long-term financial health. Working with a foreclosure lawyer Garden City families can turn to for clear guidance can make the process more manageable and give you greater control over the outcome.

Loan Modification

One of the most common and effective strategies in foreclosure defense is pursuing a loan modification. This process involves negotiating new terms with your lender to make your mortgage more affordable. 

A successful loan modification can reduce your interest rate, extend the term of your loan, or even lower your monthly payments. Some lenders may also be willing to add missed payments to the back of the loan or re-amortize the balance. We assist with gathering documentation, preparing hardship letters, and communicating with lenders to give you the best possible chance of approval.

Loan modification is a viable option for homeowners with steady incomes who have fallen behind due to temporary hardship. Our firm’s experience in real estate and litigation allows us to anticipate lender objections and respond effectively throughout the process.

When we evaluate whether a loan modification is realistic for you, we look at your income, expenses, and long-term plans for the property,y so we are not just postponing a problem that will resurface. Because New York has specific conference requirements in many residential foreclosure cases, we also prepare you for what to expect at settlement conferences in Nassau County, where judges often encourage both sides to discuss modification and other workout options.

Short Sales

A short sale may be a better solution when keeping the home is no longer possible or desirable. In a short sale, the lender agrees to let the homeowner sell the property for less than the amount owed on the mortgage, releasing them from further liability. This can be a strategic alternative to foreclosure, allowing you to exit the home with fewer long-term credit consequences and potentially avoid a deficiency judgment.

Short sales are complex and require the lender’s cooperation. We guide you through negotiating with the lender, preparing necessary documentation, working with realtors, and protecting your interests.

We also help you weigh how a short sale may affect your credit, taxes, and ability to buy another property in the future, re so you can compare it fairly against other options. Our team coordinates with your real estate agent to manage buyer expectations, handle bank-mandated timelines, and address issues that often arise with title, liens, or unpaid charges, especially for properties in Nassau County villages with their own local requirements.

Deed instead of Foreclosure

Another potential option is a deed in lieu of foreclosure, where you voluntarily transfer ownership of the property back to the lender in exchange for release from the mortgage obligation. This route may be considered when a short sale is not feasible, and foreclosure is imminent. We carefully review the proposed agreement to help you avoid future liability and protect your rights.

Before recommending a deed in lieu, we review whether there are junior liens, homeowner association balances, or other encumbrances that could cause the lender to reject the arrangement or leave you exposed. We also discuss timing, potential relocation assistance, and how quickly the lender is likely to move forward so you can plan a smooth transition for your family or business rather than reacting at the last minute.

Litigation & Negotiation

In addition to non-judicial strategies, we aggressively defend homeowners in foreclosure litigation. We examine every detail of the mortgage documents, foreclosure filings, and lender behavior to identify legal defenses, procedural violations, or opportunities for resolution.

We work to help you stay in control of your future, whether that means staying in your home or exiting it on favorable terms. At Snider & Drachlis PLLC, we combine legal experience with personalized strategy to help you make informed and empowered decisions.

In court, we may challenge the lender’s standing to sue, raise issues with how the loan was serviced, or highlight missed steps in the foreclosure process under New York law, depending on the facts of your case. Outside the courtroom, we use the pressure of active litigation to pursue settlements, repayment plans, or other negotiated resolutions that align with your goals, keeping you informed about each conference or motion date on the calendar.

Rely on the expertise of a skilled foreclosure attorney in Garden City. Contact us or call (646) 904-4497 now to arrange your consultation without delay.