Bankruptcy can be a long and sometimes frustratingly-slow process for creditors. However, bankruptcy is guided by a complex mix of federal bankruptcy law, bankruptcy and local rules and other areas of state and federal law. In short, it is complicated and often has very important deadlines that... View More

New York is a judicial foreclosure state, which means that a creditor-sale of a piece of residential real property cannot happen without a court order. The lender first needs to provide you with certain pre-foreclosure notices, and then ultimately file a summons and complaint and serve you with it.... View More

You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google... View More

In the absence of some agreement regarding the proceeds of the sale of your mother's house, I generally agree with attorney Siegel. Based upon the fact pattern you described, your brother's house is your brother's house and your mother having lived there does not make it hers nor... View More

I agree with Mr Luisi’s response. Also, depending on where the case is procedurally and on what happens with the summary judgment motion, you may at some point need to consult an attorney about a bankruptcy filing if you need to stop a foreclosure sale and resolve the mortgage issue(s) in... View More

You have a number of questions and the fact pattern seems little complicated. I am not clear how the neighbors are involved unless they were the grantors of the invalidated deed. If so, then they would presumably be imbued with title to the property, but it would depend on the order itself.... View More

The invalidation of a deed would be done by a court of competent jurisdiction. Relevant parties in interest should be notified of the action and an invalidated deed would mean the title reverts back to the original owner. Of course every fact pattern is different so it would depend on the details... View More

Your (the seller's) attorney is really the best person to contact about this, since he or she is, for purposes of the down payment, the escrowee. If you already closed the sale, it is not clear why your sale proceeds check was not issued at the closing; the closing constitutes the transfer of... View More

It would be helpful to have more information about the leases and the facts surrounding them. For example, how was it that you did you not know you were signing a lease if you in fact signed it? The facts surrounding the signing and whether a contract was formed may also be relevant. Was there... View More

The lender does not find an administrator; rather the lender needs to obtain jurisdiction over whoever is vested with title to the property the lender is seeking to foreclose by substituting and serving them with process.

It would be helpful to know where the property is, but generally a foreclosing lender will have the ability to substitute a party in the case of the death of a mortgagor/defendant. Other relevant factors that would be helpful to know are whether the decedent owned the property solely or with a... View More

In New York, subordinate lienholders (I am assuming your lien was perfected after the foreclosing lender and was subordinate to the foreclosing lender’s lien) are served in order to be put on notice.

A foreclosure action forecloses the rights of the property’s owner, as well as... View More

While individuals are permitted to file under chapter 11 and routinely do so, because of the cost and complexity, it is not often the best chapter for individuals unless the filer's debt levels are extremely large and exceed the chapter 13 debt limits.

Chapter 13 is the more... View More