Don’t let the banks infringe on your statutory rights!
Most homeowners facing foreclosure on owner-occupied properties are entitled to a settlement conference within months after the commencement of the action. After early settlement talks, the bank’s attorneys went radio silent on one of my Nassau County cases. Instead of responding to my client’s settlement inquiries and good faith requests for proof of the alleged tax advances, the bank inexplicably made a premature motion for summary judgment. Minutes after receiving notice of plaintiff’s frivolous filing, I contacted the bank’s attorneys for an explanation. Unfortunately, the attorney “in charge” was on “vacation” though her motion was executed on the same day of the filing (and my phone call) — how convenient.
We weren’t deterred because we know the law. We simply filed a letter with the Court, explaining plaintiff’s disingenuous actions and requested that the bank’s motion be held in abeyance while the matter is set down for a settlement conference.
The result:
:).