Legal Question in Banking Law in New York

I am facing a foreclosure on my property. I had asked and recieved ( verbale ) for a loan modification. I was never sent any papers as to where to send a check, a account number and no return calls from the bank. The local branch of the bank where I live states I have no mortage with them. I am about to file a Complaint to Enjoin Trustee's Sale, I need help. I also want to file a Discovery Motion to obtaian all original documents. What is the legal term for these documents? Also, shoud I file a motion to just dismiss this case. This is a very well know bank and not some colletion of investors buying up and foreclosing on mortages.


Asked on 1/03/10, 9:32 am

1 Answer from Attorneys
Peter Wagner The Law Office of Peter J. Wagner, P.C.

Where you served? Did you keep track of who you spoke to at the bank? Do you have copies of the documents you sent, and the income and expenses you sent? Is there a sale date? Who is the lender? Who is the servicer? There are a lot of possible remedies to this situation. Please call me if you want to discuss these solutions. 631-482-1433.

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Answered on 1/15/10, 8:56 am


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