Best Mortgage Lawyers in White Plains

About Mortgage Law in White Plains, United States

Mortgage law in White Plains is governed primarily by New York State law and by federal consumer protection statutes. A mortgage is a security interest that a borrower gives to a lender to secure repayment of a loan used to buy or refinance real property. In White Plains, which is located in Westchester County, mortgages and related disputes are recorded and enforced under New York procedures. Foreclosure cases generally proceed through New York courts, and local county offices maintain property and mortgage records. Because New York is a judicial-foreclosure state, most lender-initiated foreclosures require a court action and judicial oversight.

Why You May Need a Lawyer

Mortgages touch several legal areas - real estate, contract law, consumer protection, tax and municipal liens, and litigation. You may need a lawyer if you face any of the following situations:

- You are buying or selling a home and want to review mortgage documents, closing statements, or title issues.

- You are refinancing and want help understanding loan terms, prepayment penalties, mortgage recording tax, or lender fees.

- You are behind on mortgage payments and need help negotiating loan-modification, forbearance, short sale or deed-in-lieu options.

- You are served with foreclosure papers and need foreclosure defense or representation in court.

- You suspect mortgage servicing errors, loan servicing misconduct, predatory lending, appraisal fraud or undisclosed fees.

- You have a title defect, boundary dispute, tax lien or municipal assessment that affects your mortgage or ability to sell.

- You need help enforcing homeowner protections under state or federal law, such as wrongful foreclosure or violations of Truth in Lending Act or Real Estate Settlement Procedures Act requirements.

Local Laws Overview

Key local and state legal features relevant to mortgages in White Plains include:

- Judicial foreclosure requirement - In New York most foreclosures proceed through the state court system. The lender files a lawsuit rather than completing a nonjudicial power-of-sale process.

- Foreclosure timeline and court procedures - Foreclosure can be a lengthy process involving pleadings, discovery, motion practice, and potentially a sale ordered by the court. Timeframes vary widely based on complexity and court backlog.

- Mortgage recording tax and transfer considerations - New York imposes a mortgage recording tax when mortgages are recorded. Local county or city jurisdictions may add additional surcharges. Closing calculations should account for these taxes and transfer-related costs.

- Consumer protections - Federal laws such as Truth in Lending Act, Real Estate Settlement Procedures Act, and regulations for loan servicing apply. New York state laws add protections, including statutes and rules addressing foreclosure notices, loss-mitigation requirements and protections against certain unfair or deceptive practices.

- Home Equity Theft Prevention Act - New York has specific protections aimed at preventing predatory purchases of homes from vulnerable owners. This law affects certain transactions involving distressed homeowners.

- Local court-based programs - Many counties including Westchester may offer foreclosure settlement conferences or mediation programs designed to explore workout options before completing a sale.

- Municipal liens and taxes - Unpaid property taxes, water or sewer charges, and special assessments can create liens that affect title and mortgage priority. Westchester County and the City of White Plains maintain records and procedures for tax liens and collections.

Frequently Asked Questions

What is the foreclosure process in White Plains and New York?

In New York foreclosures are usually judicial. The lender files a foreclosure action in state court. The homeowner is served and can respond to the complaint. The case may include discovery and motions. If the court finds in favor of the lender, it may authorize a sale of the property to repay the debt. Many cases also involve attempts to negotiate loan modifications, short sales or deeds-in-lieu prior to a sale.

How long does a foreclosure typically take?

There is no fixed timeline. An uncomplicated judicial foreclosure can still take many months to over a year. The time depends on court schedules, whether the homeowner contests the action, and whether the parties agree to loss-mitigation measures. Delays may occur during discovery, motions, or settlement talks.

Can I stop or delay a foreclosure?

You may be able to delay or stop foreclosure by reinstating the loan, negotiating a loan modification, obtaining a forbearance, pursuing a short sale, or executing a deed-in-lieu. Filing a timely answer and engaging an attorney can preserve defenses and options. Federal and state loss-mitigation rules may require servicers to review borrowers for certain options before completing a foreclosure sale, particularly for federally-backed loans.

Do I need an attorney to buy a house or refinance in White Plains?

In New York attorney involvement is common for residential closings. While not always legally required for every refinance or purchase, an experienced real estate attorney can review loan documents, explain closing costs and taxes, confirm clear title, and handle issues that arise at or after closing. Lenders often require representation in complex transactions.

What is a short sale and how is it different from a deed-in-lieu of foreclosure?

A short sale is when the lender agrees to accept less than the full mortgage payoff from the proceeds of a sale to a third party. A deed-in-lieu occurs when the homeowner voluntarily transfers title to the lender to avoid foreclosure. Short sales involve finding a buyer and lender approval; deeds-in-lieu do not require a third-party sale but often require lender review and may be subject to outstanding junior liens.

What defenses can homeowners raise in a foreclosure?

Common defenses include lack of standing by the plaintiff to bring the foreclosure, errors in the chain of ownership of the loan, loan-servicing errors, failure to follow statutory notice requirements, predatory lending claims, and violations of federal consumer protection statutes. The viability of defenses depends on the facts and documentation in each case.

How do property taxes and municipal liens affect my mortgage?

Unpaid property taxes and municipal charges can create liens that take priority over a mortgage in many cases. These liens can lead to separate enforcement actions and may complicate or delay sales and refinances. It is important to check county and city records for outstanding liens before closing or if you fall behind on payments.

Are there free or low-cost legal resources for homeowners in Westchester County?

Yes. Legal aid organizations, housing counseling agencies, and some county programs offer free or low-cost assistance for eligible homeowners who face foreclosure or need help with mortgage issues. Court-based mediation programs or foreclosure prevention clinics may also be available. Eligibility often depends on income and case type.

What should I do immediately if I get a foreclosure summons?

Do not ignore it. Read the papers carefully and note any deadlines for responding. Collect mortgage documents, payment history, correspondence with the servicer, and any foreclosure notices. Contact an attorney experienced in foreclosure defense promptly to discuss your options and to file a timely response if appropriate.

How can I find an attorney experienced in mortgage and foreclosure matters in White Plains?

Look for attorneys who practice in real estate and foreclosure defense and who have experience in Westchester County courts. Ask about their experience with loan modifications, short sales, and foreclosure litigation. Confirm licensing, fees and whether they offer an initial consultation. Legal aid groups and local bar associations can provide referrals and directories.

Additional Resources

Westchester County Clerk - maintains property records and recorded mortgages for the county. The clerk's office is the starting point for searches of titles and recorded instruments.

Westchester County Department of Finance or Tax Department - handles property tax matters, tax liens, and payment programs relevant to homeowners.

New York State Unified Court System - provides information about foreclosure procedures, court forms and local court rules for actions filed in New York courts.

New York State Department of Financial Services - oversees state-licensed financial institutions and can provide consumer guidance for mortgage-related complaints.

New York State Attorney General - offers consumer protection resources and may have guidance on mortgage servicing and foreclosure practices.

U.S. Department of Housing and Urban Development - federal homeownership counseling and resources for homeowners at risk of foreclosure.

Consumer Financial Protection Bureau - federal resource for mortgage servicing rules, complaint filing and tools to understand loan terms and loss-mitigation rights.

Local legal aid organizations and housing counseling agencies - provide free or low-cost assistance for qualifying homeowners facing foreclosure or mortgage issues. Contact your county bar association for referrals.

Next Steps

1. Gather your documents - Collect your mortgage note, mortgage or deed of trust, payment history, any notices from the servicer, communications with the lender, closing statement, and property tax records. Organized documents allow an attorney to evaluate your position quickly.

2. Get legal advice early - If you are behind on payments, receive a foreclosure notice, or encounter title or closing issues, consult an attorney experienced in mortgage matters. Early engagement preserves legal options and defenses.

3. Explore loss-mitigation options - Ask your servicer about loan modification, forbearance, repayment plans, short sale or deed-in-lieu alternatives. If you have a federally-backed loan inquire about specific federal protections and the loss-mitigation review process.

4. Consider free resources - If cost is a concern contact local legal aid, HUD-approved housing counselors, or county foreclosure prevention programs to learn about eligibility for assistance.

5. Verify attorney credentials - When you contact attorneys ask about experience in Westchester County foreclosure cases, fee structure - flat fee, hourly or contingency - and what to expect at each stage. Get a written fee agreement.

6. Stay informed and engaged - Communicate promptly with your attorney and lender, attend required court dates and mediation sessions, and keep records of all communications. Timely action can improve options and outcomes.

This guide is informational and not a substitute for legal advice. For advice tailored to your situation consult a qualified attorney licensed in New York who handles mortgage and foreclosure matters in Westchester County.