Legal Question in Real Estate Law in New York
How to respond to Notice of Motion?
I was served Summons re: Foreclosure; I responded in time & served the mortgage company's attorney. Then they filed a Notice of Motion to strike my answer + add my children to Foreclosure judgement. Now I must respond - but don't know what form to use.
1 Answer from Attorneys
Re: How to respond to Notice of Motion?
You need to prepare an "Affidavit in Opposition".
An affidavit is sworn to under penalty of perjury and must be notarized.
You must state your reasons in numbered paragraphs as to why your Answer should not be struck.
(If it gets struck, it is as if you defaulted).
Read their Affirmation in Support of striking your answer and respond to each paragraph.
An attorney can keep you in your house for aprox 1 year and/or help you get re-instated but you need to act quickly.
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