What kind of attorney would handle a foreclosure action?
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What kind of attorney would handle a foreclosure action?
My Uncle and his ex-wife divorced in 2008. Upon dissolution of their divorce, he
was to leave the home and turn over any/all rights to the property. His ex-wife
then had 90 days upon his leaving to sell the home or it would be foreclosed
upon. In 2015, his ex-wife apparently took out a mortgage on the home for
200,000, in his name without his signature, knowledge, or consent. My Uncle has
now been served with a foreclosure action and is named a party. Unfortunately he
did not follow my advice and obtain an attorney right away when the court sent
notice to his new home about this. I am now trying to help him obtain an attorney
but am unsure of who would handle this. My Uncle’s involvement should have ended
when the divorce decree was entered but this mostly has to do with real
estate/foreclosure.
Asked on March 8, 2019 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There are attorneys who specialize in, or at least partly specialize in (it's one of their main practice areas), defending people from foreclosure actions; such a lawyer would be the best choice, because even though your uncle is not necessarily trying to save the property from foreclosure, foreclosure law is involved as are court rules and proceedings--thus, a lawyer who defends foreclosures in court would be able to help him. Your uncle may be able to get a referral to such lawyer from the state bar association; a "Google" search would also turn up such attorneys.
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