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New York Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Since 2012/2018 a foreclosure cases has been ongoing till present Does a statue of limitations apply in NY

The first index number was filed in 2012 plaintiffs ask to discontinue in 2016 since plaintiffs did not have proper documentation. the case was refiled different index number 2018 I’m trying to sign off on DIL but they keep making errors with names and addresses on the DIL for months When... View More

Carl Nelson
Carl Nelson
answered on Oct 7, 2024

There are too many variables for a situation like yours to give you a definitive (and fair) response to your question. But because you raise important points, especially related to how the law in New York has changed regarding statutes of limitation, I highly recommend you speak to a qualified... View More

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New York on
Q: Hello how do i find out the status of an Heir property ?

There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate

'

Jack Mevorach
Jack Mevorach
answered on Aug 18, 2024

Contact the Executor of the estate and inquire.

Jack

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1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Is there a way to take over my mother's mortgage after she passes so the bank doesn't take it?

Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.

Jack

1 Answer | Asked in Foreclosure for New York on
Q: My grandmother's estate is being foreclosed on, I'm listed as an heir - should I get a lawyer?

I've received paperwork to my home, but I'm not listed on any deed, I don't own property - I want to make sure I will not be held responsible for my grandmother's estate and the property she owned that is being foreclosed on due to a reverse mortgage.

Michael David Siegel
Michael David Siegel
answered on Jun 12, 2024

You are just being named to clear title. You have no personal liability, and if you do not care about the property, do nothing. You will get other papers as the case proceeds.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Michael David Siegel
Michael David Siegel
answered on Apr 2, 2024

What you want to do is a short sale. The bank needs to approve it. Likely not worth your time or money.

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1 Answer | Asked in Foreclosure for New York on
Q: Can the city of troy place my home on foreclosure in January 2024 without taking us to court

The city has sent me notice to pay 5500 or they will list my home on the foreclosure list

James L. Arrasmith
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answered on Nov 29, 2023

If you've received a notice from the City of Troy regarding foreclosure due to unpaid amounts, it's important to take this seriously. Municipalities in New York can initiate foreclosure proceedings for unpaid property taxes or other municipal debts without necessarily taking you to court... View More

1 Answer | Asked in Foreclosure and Landlord - Tenant for New York on
Q: If someone is evicted from their house for not paying the mortgage, can they repurchase the house at a later date?

For example they get evicted in March. The company that controls the mortgage evicts them, cleans up and refurbishes the house for sale. Is it possible for the person who was evicted to make an offer several months later to repurchase the house? Would they have to pay the mortgage payments they... View More

Carl Nelson
Carl Nelson
answered on Sep 27, 2023

It is possible--once the bank owns the property they would list it for sale and would have the ability to accept/reject offers on the market.

1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for New York on
Q: Is this fraud and if so, do I have legal recourse to do anything about it?

When my mother died in 2019, I unwittingly inherited a $100K Wells Fargo home equity loan from 2011 that it's my understanding was never paid back, either by her or by my late father. She had been claiming to pay off the loan using my SSI funds, and only in 2022 did I find out that was not... View More

Carl Nelson
Carl Nelson
answered on Sep 19, 2023

While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More

2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

Jonathan David Warner
Jonathan David Warner
answered on Aug 25, 2023

Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.

In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship...
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1 Answer | Asked in Government Contracts, Foreclosure and Business Law for New York on
Q: does new york state or local counties have an assignment of rights form ? by and between clients and agencies

by and between client and agency it could be a partial assignment of rights, or it could be a full assignment of rights, by and between a client and agencies

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

Not that I have ever heard of. What are you trying to do?

Jack

1 Answer | Asked in Government Contracts, Contracts, Foreclosure and Real Estate Law for New York on
Q: what new york state form do I need for a partial assignment of inheritance expectancy between assignor and assignee ?

Hi im jermain I do asset recovery I audit time limited information from government agencies in order to find the claimant owed the money, I then charge a contingency fee for hours of work put into finding the claimant rightfully owed the money from the government, sometimes the claimant owed the... View More

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

Another form question? Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Foreclosure for New York on
Q: Bank filed suumens comp.acclerate the loan on/05/15/2015then entert into mod.was not cond. That the statue of limitaion

Is restarted. On03/2023 defended defaulted can the lender start a new action.after f.a.p.a. went into law.and its passed statu lim.from first action

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 6, 2023

You need to have a foreclosure defense attorney look at your file to evaluate your options.

1 Answer | Asked in Foreclosure for New York on
Q: Plantif filed summens complaint aclerrated the loan on05/15/2015 then stip.to withdraw entert in to. mod. defended

Default on 06/2023 can the plantif bring a new action or its barred 6year statu limitaion from aclerrated 2015 pmafter f.a.p.a.the mod.doesent say to restart 6 year statue limitations

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

I need to look at the case. It depends how the stip to withdraw was worded. there is caselaw that suggests that since the loan was accelerated, then once the matter is withdrawn or dismissed, he statute of limitation applies.

1 Answer | Asked in Foreclosure for New York on
Q: Does anyone see the expiration of the Statute of Limitations?

The Lender brought a prior action on 06/10/2010, according to FAPA the Statute of Limitations began to run as this action was voluntarily dismissed by Lender. This was not dismissed by a Court.

The Lender started a new action with Lis Pendens, Summons & Complaint on 03/30/2011; however,... View More

Carl Nelson
Carl Nelson
answered on Jun 19, 2023

Your question presents a complicated factual scenario; it is unclear for example, when the case you are asking about was filed. You indicate that the second case was filed in 2011, but also that a lis pendens was filed in 2016. Was that LP filed in connection with a third case? Statutes of... View More

3 Answers | Asked in Foreclosure for New York on
Q: My mothers husband owned property and they are both deceased. The property is in foreclosure. I've been contacted.

I spoke to an attorney a few years back who advised if I wanted to pursue the property I should be prepared to spend thousands & thousands of dollars which I'm not prepared to do. My question is do I just wait for everything to play out and be contacted by the courts on the outcome.... View More

Carl Nelson
Carl Nelson
answered on May 9, 2023

If the property is in foreclosure and you have an interest in the property (not clear from your fact pattern, since you said your mother's husband owned the property) you most certainly do not want to wait to see how everything plays out.

The court will only contact you for things...
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1 Answer | Asked in Foreclosure for New York on
Q: Is there any legal action I can take against a lawyer who claimed to represent me without my knowledge and/or consent?
Liu "Margaret" Yang
Liu "Margaret" Yang
answered on May 5, 2023

Can you provide some more details? What kind of case was this related to?

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Can a lawyer represent a person when said person never retained said lawyer?

The person claiming to be the lawyer of said person is said person's ex brother-in-law and married to the POA of said person's ex husband

Carl Nelson
Carl Nelson
answered on May 4, 2023

In the absence of an unusual circumstance such as where there has been a guardian appointed to represent the best interests of the principal, an attorney cannot represent someone without the principal's knowledge and consent to do so.

1 Answer | Asked in Foreclosure for New York on
Q: My home was up for auction Friday It was "reverted to beneficiary". Can anyone explain what this means and options?
Carl Nelson
Carl Nelson
answered on Feb 27, 2023

I don’t know where you are seeing that, but it would mean that it was purchased by the lender at the auction rather than by a third-party buyer. Because the lender can bid with credit (i.e. the amount they are owed), it is most common that the lender takes title at the sale auction.

3 Answers | Asked in Foreclosure and Probate for New York on
Q: Good evening is it possible to have a deed for a house with 2 people but one gets a secured loan. Now the kids are liabl

My mom took out a loan without my dads consent m. They are both deceased and we are liable

Carl Nelson
Carl Nelson
answered on Feb 25, 2023

If you did not sign a note, you would not be personally liable. However, if the note is secured by a mortgage, the ownership interest of whoever executed the mortgage would be encumbered by the mortgage lien.

Based on the facts you indicated, your mother’s share would be subject to the...
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3 Answers | Asked in Foreclosure for New York on
Q: The Initial retainer fee for the foreclosure defense would be $3000 and a monthly payment of $500 after 4 months.?

If there are costs such as filing fees, you would be expected to pay them at the time they are incurred. Based on the informaton on the docket, you likely will incur an RJI fee and motion fee totaling $140 if you want a motion made for permission to amend your answer. (alternatively we offer a... View More

Carl Nelson
Carl Nelson
answered on Feb 16, 2023

I personally would not opine on the fees and fee structure of an attorney your are considering to represent you, especially in a legal Q&A forum like this where we would not have all of the facts surrounding your case and the firm. If you are not comfortable with the fees, you could speak to... View More

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