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Defending a Foreclosure Action in Chautauqua County, New York - Attorney Carl E. Person - 212-307-4444

6 Rules for Saving Your Home from Foreclosure and Sale

Here are six rules I urge you to consider when you have been served with a summons and complaint in a foreclosure action in any of the 62 Counties in New York State:

  1. You must answer the complaint on a timely basis (usually within 20 days after service, but let your lawyer determine this for you); also, you are better served if you retain an attorney shortly after you receive a Notice of Intent to Foreclosure (which is required under New York law to be served at least 90 days prior to commencement of a foreclosure action).

  2. You need an experienced mortgage foreclosure defense attorney to give yourself the best defense;

  3. Even if you owe all of the money claimed, you can still have legitimate defenses to the foreclosure action - New York law protects homeowners, but only if you act promptly;

  4. Conferencing in a foreclosure action should be understood and closely followed by you, because this court-mandated conferencing is your best opportunity for saving your property, but only if you understand and use the conferencing period, and make sure you do not lose your conferencing rights by non-appearance or by failure to provide information.

  5. You have a much better chance of saving your property from foreclosure if you act in accordance with the first four points above; and

  6. For your information, New York State is the best state of all 50 states for homeowner protection during mortgage foreclosure actions. Take advantage of these protections. Call me to find out some of these protections and to discuss your situation. Also, you might want to look at some of my 100+ YouTube videos on defending foreclosure actions. A description of these videos with links is available at My 100+ Videos on Foreclosure Defense.

Free eBooklet (273 pages) HOW TO GET RID OF YOUR UNWANTED DEBT (Rev. 5/14) by attorney Carl E. Person

If you are now facing a foreclosure action in any of the 62 Counties of New York State, I will email you a free copy of my 273-page eBooklet entitled "How to Get Rid of Your Unwanted Debt". The eBooklet covers home mortgage debt, credit card debt, student loan debt, and IRS debt. To see the table of contents, click on Table of Contents.

The eBooklet should give you some good information about how to eliminate some or all of your debt. I should add, however, that the section on mortgages deals with saving your mortgaged home from foreclosure instead of trying to have your loan declared unenforceable (something which rarely happens).

To get your free copy, just call me at 212-307-4444 and tell me about the foreclosure action you are now facing, assuming you do not already have an attorney. Too many homeowners fail to hire an attorney to protect their rights, and lose their home as a result. Whether or not you already have an attorney, I'll email you a copy of my eBooklet.

Please include the ZIP Code for the location of your property (and the ZIP Code included in the MERS or Mortgage Electronic Registration Systems, Inc. database of mortgaged properties (owned by MERSCORP Holdings, Inc., owned and controlled by the major banks) , which should be one of the following for Chautauqua County, New York: 14048, 14062, 14063, 14136, 14701, 14710, 14712, 14716, 14718, 14723, 14724, 14728, 14733, 14736, 14738, 14740, 14747, 14750, 14757, 14767, 14769, 14775, 14781, 14782, 14784 and 14787.

Call me and I'll email you instructions (using your ZIP Code) for finding out if the mortgage note for your mortgaged property purports to be registered with MERS, which is a bank-owned stock exchange for residential mortgages. Incidentally, if you have a second mortgage, the owner of the note may not be the same as the owner of your first mortgage note because of securitization rules for risk distribution which do not permit a securitized pool (with a major bank as Trustee) to own more than one mortgage note from a given ZIP Code.

Name, Location and Telephone No. of the Supreme Court for Chautauqua County

Chautauqua County Supreme Court
1 North Erie Street
Chautauqua County Courthouse
Mayville, NY 14757


Source: NYS Website to Look Up Court Addresses in NYS.

Telephone Number for Clerk of the Chautauqua County Supreme Court: (716) 753-4835.

Pending Foreclosures in Chautauqua County, New York and Foreclosure Trends

Cities, Towns, Villages and neighborhoods in Chautauqua County:

Chautauqua County has the cities and incorporated towns and villages listed at the end of this page.

Population of Chautauqua County: 4,177 (est. 7/13); land area: 1,060 square miles. Sources: FactBook.org, Wikipedia and United States Census Bureau.

The number of pending foreclosures in Chautauqua County as of October, 2013 was 1 in every 1,060 mortgaged properties (a very low rate), according to statistics compiled by foreclosures.com. See Number of Pending Foreclosures in Chautauqua County and Foreclosure Trends by RealtyTrac

Foreclosure proceedings in NYS as of the end of 2013 are 1 for every 2,141 mortgaged properties. The 5 NY counties with the highest foreclosure rate are:

  1. Putnam County, 1 in every 353 mortgaged properties;
  2. Rockland County, 1 in every 811 mortgaged properties;
  3. Orleans County, 1 in every 875 mortgaged properties;
  4. Columbia County, 1 in every 909 mortgaged properties; and
  5. Nassau County, 1 in every 964 mortgaged properties.

How You Can Fight Foreclosures in Chautauqua County

Foreclosures result more from extended wrongful conduct of lenders than any comparable wrongdoing by homeowners. Meaningful reform needs to begin at home, in the towns, village, municipality and hamlet, where concerned citizens can organize and change the rules, to create a better economy for themselves.

In any of the 62 "Cities" in New York State voters have the right to enact laws directly, and should do so. The 62 "cities" are listed at List of 62 Cities in NYS My www.voterslaws.com website provides examples of "ballot initiatives" for creating change in the laws of NYC. There are some changes in law that can be expected to result in an improved economy for voters and other residents of any city in New York State. If you live in a "city" and were an elected executive or legislator in your city, what laws would you like to enact? You can do this through a ballot initiative (see Voterlaws.Com for Local Ballot Initiatives in New York for examples of local statutes that can be enacted by voters directly in city elections). Also, New York Home Rule Law permits voters in each County to participate in making amendments to the county Charter.

If you believe that we need changes, you might want to take the lead in organizing Libertarian Party activities in Chautauqua County. See Information about Local Libertarian Party chapters or email NYS LP Chair Mark Axinn at markaxinn@hotmail.com for information.

Additional Website for Attorney Carl Person:

Website for Attorney Carl E. Person.

For the c.v. (resume) of Attorney Carl E. Person, click on Carl Person C.V.

Carl E. Person, Attorney at Law
225 E. 36th Street - Suite 3A
New York NY 10016-3664

Call me at 212-307-4444 or email me at carlpers2@gmail.com and then follow up with a call to 212-307-4444.

List of Cities (if any), Towns and Villages:

Cities:

Dunkirk
Jamestown

Towns:

Arkwright
Busti
Carroll
Charlotte
Chautauqua
Cherry Creek
Clymer
Dunkirk
Ellery
Ellicott
Ellington
French Creek
Gerry
Hanover
Harmony
Kiantone
Mina
North Harmony
Poland
Pomfret
Portland
Ripley
Sheridan
Sherman
Stockton
Villenova
Westfield

Villages:

Bemus Point
Brocton
Cassadaga
Celoron
Cherry Creek
Falconer
Forestville
Fredonia
Lakewood
Mayville
Panama
Sherman
Silver Creek
Sinclairville
Westfield

Hamlets:

Ashville
Busti
Findley Lake
Frewsburg
Hamlet
Irving
Kennedy
Laona
Lily Dale
Maple Springs

Source: Wikipedia - Chautauqua County, New York

Copyright 2014 by Carl E. Person

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