Hempstead, NY asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York

Q: Can you seek leniency from the court to avoid extreme hardship

My house was foreclosed on receive a letter to vacate have three children in school and my funds are limited

4 Lawyer Answers
Jonathan David Warner
Jonathan David Warner
Answered
  • Bankruptcy Lawyer
  • Albany, NY
  • Licensed in New York

A: No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.

For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you and your family from the property.

In sum: Focus on vacating the property. Request an extension of time if you need it, but do not rely on receiving one.

Additionally, I'm very sorry to hear about your financial situation.

Good luck!

Karra Kingston agrees with this answer

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

A: If the house was sold at foreclosure, you have to be formally evicted to get out. But, the case is over and you are going to have to leave. Sometimes to avoid eviction, the buyer will pay you to leave more quickly, but you cannot go to court.

Jonathan David Warner agrees with this answer

Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

A: Probably not. It’s up to the judge but most likely not at this point.

Jonathan David Warner agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: The judge has the discretion to allow more time but I would not count on receiving an extension.

Jonathan David Warner agrees with this answer

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