Nicholas M. Moccia, P.C.
Attorney at law


Staten Island Foreclosure & Alternatives Law Blog

Staten Island Foreclosures -- Exit Strategies

Foreclosure law is a specialized practice area that should be entrusted to a professional who handles foreclosure cases on a daily basis. The Law Office of Nicholas M. Moccia, P.C., has successfully litigated and settled dozens of foreclosure matters in Manhattan, Brooklyn, Queens, Bronx and Staten Island. Your exit strategy may include the following:

1.  loan modification;

2.  short sale

3.  deed-in-lieu of foreclosure

4.  cash-for-keys from bank in order to relocate


I have yet to see a single foreclosure case where the bank or its attorneys have not made several serious errors in their papers. The reason these errors are so pervasive is due to the sheer volume of cases that they must handle. I have also observed many foreclosure firms intentionally cut corners fully expecting that most homeowners will not contest the foreclosure at all or call them out on their mistakes. In particular, it is very common for banks to commence foreclosures without being able to demonstrate their standing to do so. This amounts to the banks being unable to demonstrate to the court their legal right to enforce a mortgage and take someone's home.

Such defects form the basis of your legal defense strategy, and may result in the dismissal of your case or a more favorable settlement. Sometimes these errors are so serious that it may be possible to undo a foreclosure sale. These errors, however, are not always obvious to a non-attorney or to an attorney who does not regularly practice in this area. Failure to raise these defenses at the appropriate time may result in decreased leverage to negotiate a favorable settlement or, worse still, even the loss of your home.


My firm has defended foreclosure cases against all the big foreclosure firms including Steven J. Baum, Rosicki Rosicki & Assoc., McCabe Weisberg, Berkman Henoch, Frenkel Lambert, Fein Such & Crane, Hogan Lovells, etc. I am able to anticipate the litigation strategy of bank attorneys, and I understand how these firms operate. I have also developed working relationships with attorney's in many of these firms, which helps to facilitate settlement discussions for the benefit of my clients.

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