Foreclosure Appeals
Long Island Foreclosure Appeal Lawyer
Understanding Foreclosure Appeals
Facing a foreclosure is not an easy task, but its even worse when the judge in the foreclosure makes a mistake. When that happens, an appeal is necessary.
Appeals are not a new hearing or a second chance to present your case. They are designed for a single purpose; to correct errors made by the trial court. The best foreclosure appellate lawyers are well versed in foreclosure law and appellate practice.
If you are facing an adverse foreclosure ruling and want to appeal, let our experience help you.
Do you need representation in a Foreclosure Appeal in the Appellate Division, First or Second Department?
Contact us online or at (631) 864-2600.
What you need to know about Foreclosure Appeals
What is a Foreclosure Appeal?
A foreclosure appeal is any appeal arising from an order or judgment in a foreclosure action. A judgment is issued at the end of the case, while orders are issued while the case is ongoing. As foreclosures tend to be motion heavy, a large amount of foreclosure appeals are taken from orders and not the judgment.
What is the difference between appealing from an order and a judgment?
An appeal from a judgment allows all prior orders to be reviewed as well. But an appeal from an order is limited to that order alone.
How much time is given to file an appeal?
The time to file a notice of appeal is 30 days, which starts running after the order or judgment being appealed is served on your or your attorney with a notice of entry. This is called taking the appeal and merely preserves the right to appeal.
How much time is given to complete an appeal?
Every appeal must be briefed and filed within six months. Two extensions of time are granted automatically, with any additional extensions at the Court's discretion. Filing the brief and record is called perfecting the appeal.
What does it mean to preserve an argument for an appeal?
Only issues which were raised in the trial court can be raised in an appeal. This is consistent with the approach every appeal must take; that the trial judge made an incorrect decision against the appellant.
How are issues preserved for an appeal?
Preserving issues starts early on. The most important document that a homeowner can file is the answer to the complaint. The answer itself means you are not agreeing to a foreclosure unless the lender can prove their case. In addition, the answer can raise additional defenses that are above and beyond merely making the lender prove their case. These defenses, called "affirmative defenses" must be raised in the answer or they are lost.
The answer is only the starting point. In most foreclosure cases, the lender will attempt to win on the law, arguing that there are no disputed facts, by filing a motion for summary judgment. If that fails, then the matter will normally proceed to trial, where once again, only defenses raised in the answer can normally be raised.
There are many exceptions to these general rules and foreclosure litigation can be complex.
Should a notice of appeal be filed from ever order?
The decision to file a notice of appeal or not is something to take very seriously as the decision can have significant consequences either way. Filing a notice of appeal and not submitting a brief acts as losing on the appeal, and prevents the order from being reviewed as part of an appeal from the judgment.
Contact Our Foreclosure Appellate Counsel Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any foreclosure appeal, no matter how challenging or complex. With over 20 years of appellate experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled appellate lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
Mr. Barics has handled numerous appeals in the First and Second Departments.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.