New York, NY asked in Real Estate Law and Probate for New York

Q: How long does it take a lender to find substitute Administrator ?

The property is in Brooklyn . My father was the only person on the mortgage. When I was added to his deed , I was recorded as the Administrator. I only found out recently that I needed court papers to become an Administrator, which is what I am trying to do now. I don’t know why I was ever recorded as the Admin so I hired a surrogate attorney who filed everything for me. But surrogate court is moving slow. How long in kings county does it take a lender to find a substitute Administrator? Thank you

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2 Lawyer Answers

A: 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.

Bonnie Lawston
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Answered

A: Only Surrogate Court can appoint an administrator for an estate. The lender or bank will foreclose on the property if the lein is not paid. The creditor can apply to court for an administrator such as PA to be appointed if no one comes forward. It depends on the case and how quickly the petitioner submits all the required documents which will dictate how long it takes. The creditor can proceed to foreclose by following certain procedures. You should seek advice from my Probate Estate attorney as soon as possible

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