Patchogue, NY asked in Foreclosure for New York

Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?

The mortgage guarantor sold our home through foreclosure sale to a 3rd party servicer through a referee's deed. There was no note attached to the mortgage. The servicer has no standing or interest in our home. The trust associated with the house is closed.

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1 Lawyer Answer
Jonathan David Warner
Jonathan David Warner
  • Foreclosure Defense Lawyer
  • Albany, NY
  • Licensed in New York

A: You haven't provided enough information for anyone to provide an answer.

With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that you heard nothing about it until after the fact...

Additionally, failure to record a mortgage doesn't invalidate a promissory note in New York State.

In any case, consider consulting this matter in-person or through video conference with a licensed attorney.

Good luck with your case!

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