Bronx, NY asked in Real Estate Law and Small Claims for New York

Q: Can the bank take money out of my paycheck if they foreclosure the house !?

Is there a way to sign a deed for someone and not have any financial obligations

Related Topics:
3 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: Foreclosures pertain to the mortgage, so transferring title is not typically a fix. Deficiency judgments after auction sales are uncommon but may occur, and collections actions may follow. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: I do not understand the facts here. Is there a foreclosure? Is it done? And, what is your relationship to the loan and the deed?

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Livingston, NJ
  • Licensed in New York

A: If they get a deficiency judgment and then send out an execution with notice to garnishee on your bank yes they can. The deed you sign would still be subject to the mortgage lien / foreclosure so that would just make the person you deeded the property over to subject to losing the rights in the home since the mortgage would have priority.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.