Parker, CO asked in Real Estate Law for New York

Q: I learned that I am a potential heir to an estate. The estate had a house with a mortgage that ended up foreclosing,

but no search for heirs was done by the servicing attorney firm/foreclosure mill, and I did not receive a foreclosure notice. The house is now being auctioned by the lender (FNMA) which received the property through the foreclosure. The real estate is located in Mellenville, NY. Does the NY law require a foreclosure notice to heirs, and can I file some form of lis pendens in NY to evidence my potential claim in the property?

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

A: You are not necessarily entitled to notice. A guardian ad litem may have been appointed for unknown heirs. You likely have no claim at this point.

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