Practice Areas

Everything you need under one roof

Myron E. Siegel & Associates recognizes that, in the representation of business clients, not all legal problems are directly related to business. In order to provide the ultimate in coordinated legal services we are prepared to accommodate other legal needs our clients and their colleagues may encounter.

Sometimes legal needs are in a highly specialized field or in a location that makes local representation unfeasible. To address these issues, we maintain legal and business relationships around the globe.

This enables us to effectively address your legal and business needs wherever they may arise. We find this model to be far more efficient when we can engage the best professionals in that jurisdiction and oversee the work. This is one key reason that we are able to serve as your complete source for legal and business advice. Our practice areas are listed below.

FORECLOSURE DEFENSE

We aggressively defend and litigate all residential and commercial foreclosure actions, and help execute mortgage loan modifications. Our commercial business litigation attorneys and residential foreclosure lawyers work with homeowners to help stop foreclosures in some of the areas hardest hit by the foreclosure crisis.

Our foreclosure defense lawyers fight unfair banks and predatory lending practices. For most families, their home is their biggest asset. Contacting a foreclosure defense lawyer can make a difference when it comes to the future financial well-being of you and your family. Don't just walk away from your mortgage; voluntary surrender or short-sale of your home can have serious tax and legal implications. Myron E. Siegel & Associates can often help you remain in your home during the foreclosure process, giving you and your family the ability to begin rebuilding your finances.

Our commercial litigation lawyers and mortgage defense attorneys will personally review your case and help you decide on the best course of action, including loan modification, refinance, short-sale, foreclosure or filing for bankruptcy protection under Chapter 7, Chapter 13 or Chapter 11 of the federal bankruptcy laws.

We're Here To Help You

With he real estate bursting of the real estate bubble, the historic job losses among working families, and the predatory lending practices and greed of banks, mortgage companies, and even real estate agents and appraisers, thousands of homeowners are left facing foreclosure. In fact, by some estimates, as many as 1 in 4 homeowners in the metro area are 90 days late or more on their mortgage.

The Foreclosure Process

In Florida and in Illinois, foreclosure is a Judicial Process, meaning that the lender must utilize the court system in order to foreclose on your mortgage. When compared to states with a non-judiciary foreclosure process, the judicial foreclosure provides the property owner with additional opportunities and time in which to remedy the situation.

In other words, a foreclosure case is just like any other lawsuit. The Complaint that is served upon the Borrower contains mere allegations by the Plaintiff Bank. The burden is on the Bank to prove that they are the proper party to bring these allegations and the Bank also shoulders the burden of proving these allegations--that's where your foreclosure attorney comes in. Even more importantly, there are several conditions the Bank must prove they have satisfied prior to bringing or filing the foreclosure action.

If the Mortgagor (Borrower) defends the foreclosure action, then the foreclosure process can take much longer than when the case is uncontested. If you don't properly defend the foreclosure case, it may be over in just a few months. Depending on various facts and circumstances surrounding each foreclosure case such as mortgage type (i.e., commercial, residential, uniform, non-uniform), ownership of the mortgage, assignments of the mortgage, answer and affirmative defenses and potential counterclaims, the foreclosure process can take from one to two years on average, three years is not unusual. In rare cases, the foreclosure process may take as long as five years or more. These time frames vary from county to county and from case to case and whether or not an experienced foreclosure litigation lawyer represents the Mortgagor / Borrower.

When the court grants a final judgment of foreclosure, the court will typically and simultaneously set a foreclosure sale date. The sale date is usually within 30-120 days or so of the court ruling. The Clerk of Court will give the Borrower direct notice of the sale date and is also requires the Bank to publish the sale date in a local legal newspaper with public notification of location, date, and sale time made by the County Clerk, who typically oversees the sale.

If the Bank improperly obtained a final judgment of foreclosure, it is possible to file a motion with the court to reverse such an improper final judgment. One example of the bank improperly obtaining a final judgment is when includes circumstances where the court did not have proper jurisdiction over the Borrower because they were not served properly with the initial Summons and Complaint. Other examples include circumstances where the bank improperly advised the borrower that they do not need to worry about the foreclosure case or that the borrower should not hire an attorney.

How Many Payments Are You Past Due? If you have missed more than three mortgage payments, you are in jeopardy of losing your home and you should get legal representation immediately. There are many options available to help resolve a foreclosure situation. We help you pursue all of these options while we aggressively defend the foreclosure case on its merits, which also results in a delay of the foreclosure process.

The Banks have Lawyers. You should have a Lawyer too

Contact Myron E. Siegel & Associates at (847) 831-2950 or (954) 703-1673 or go to our contact page.