Nassau New York Sample Letter to Foreclosure Attorney - General Demand to Stop Foreclosure and Reasons

State:
Multi-State
County:
Nassau
Control #:
US-0513LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: Urgent Request to Halt Foreclosure Process — Nassau New York Dear [Foreclosure Attorney's Name], I hope this letter finds you well. I am writing as a concerned homeowner residing in Nassau, New York, facing the imminent threat of foreclosure on my property. The purpose of this communication is to formally request your immediate attention and intervention in this matter, as well as to present several compelling reasons why the foreclosure process should be halted. 1. Financial Hardships: Firstly, I want to emphasize the considerable financial hardships my family and I have been enduring over the past few years. This has primarily been a result of unexpected medical expenses and a prolonged period of unemployment. Although we strive to meet our financial obligations, circumstances beyond our control have made it immensely challenging to stay afloat. 2. Efforts Towards Resolution: It is crucial to note that we have actively sought avenues to resolve our delinquency and prevent foreclosure. We have engaged in productive discussions with our lender, exploring various loan modification options, short sale possibilities, or potential refinancing alternatives. Despite these efforts, we have faced significant roadblocks and bureaucratic delays in the mortgage modification process. 3. Good Faith Attempt: We assure you that we have continuously demonstrated good faith in our attempt to mitigate the foreclosure situation. Regular partial payments have been made towards the outstanding balance, showcasing our willingness to cooperate and alleviate the financial burden on both parties involved. We firmly believe that foreclosure is not in the best interest of either the lender or our family. 4. Distressed Property Market: Furthermore, it is essential to acknowledge the current state of the property market in our area. As you may be aware, the real estate market in Nassau, New York, has been experiencing downturns in recent years. These challenging market conditions further restrict our ability to secure a fair and reasonable price for a potential sale — a scenario that would be beneficial for all parties concerned. 5. Preservation of Community and Reputation: Our property has been our family's home for several years, symbolizing countless memories and serving as an integral part of the community. Allowing the foreclosure process to proceed not only threatens our home but also impacts the surrounding neighborhood negatively. The preservation of community and the safeguarding of property values should be of mutual concern. Considering the reasons outlined above, we implore you to take immediate action to halt the foreclosure process. We kindly request your assistance in facilitating a comprehensive review of our case, exploring alternatives that may be available to us, and potentially negotiating with the lender to find a viable solution. We firmly believe that by cooperating and working together, we can achieve a mutually beneficial outcome that will help retain our family's home, restore financial stability, and preserve the integrity of the community. Furthermore, we genuinely appreciate your prompt attention and understanding in this matter. Kindly acknowledge receipt of this letter and indicate your willingness to assist us in preventing the imminent foreclosure of our property. Thank you for your time and consideration. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]

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FAQ

The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.

A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.

File the Motion Papers File in the Motion Support Office of the Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, NY, 11501, Room 186: The motion papers, with proof of service, at least five business days before the original return date.

Mail or deliver the original Answer and FCIS to the Superior Court Clerk's Office at the address below. All files sent to the Clerk's Office must have a have an original, ink signature. If you mail the papers, we recommend that you use certified mail, return receipt requested.

Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.

- If the need arises to file an emergency Order to Show Cause while waiting for the matter to be converted, you can contact the County Clerk's Office to ask for expedited processing (516-571-2660). - All motions and Orders to Show Cause shall be efiled through NYSCEF.

Nassau County Supreme Court. Expanded mandatory program to include all civil actions and proceedings, (except those specified), to be electronically filed, effective December 22, 2021. This measure was adopted on December 22, 2021, with an effective date of December 22, 2021.

An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.

File it in person (or ask someone to file it for you) at the Small Claims Court Clerk's Office. If you are filing the Small Claims Complaint form by mail or filing the Commercial Claims Complaint form by mail you must sign it in front of a notary first.

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Nassau New York Sample Letter to Foreclosure Attorney - General Demand to Stop Foreclosure and Reasons