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New York Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Q: What happens to the back taxes after the foreclosure claim is dropped
Michael David Siegel
Michael David Siegel
answered on Feb 7, 2019

You owe it, or there will be a tax foreclosure. The bank might pay it, but if they have not yet, the bank is not likely to do so in the future. The tax foreclosure goes like a regular foreclosure.

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4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on
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

Jonathan David Warner
Jonathan David Warner
answered on Feb 3, 2019

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,...
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3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

with a forwarding address, can the CPLR 3215 g Affidavit of Additional Mailing be amended with new date AND forwarding address? OR, does a totally new Affidavit have to be done?

Michael David Siegel
Michael David Siegel
answered on Jan 29, 2019

The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: I want check if my property has been filed under a foreclosure in New York. Does Justia contain all filings?

I just realized that there has been an issue with the auto-payment of my mortgage (apartment in New York) since May 2018, causing me to miss the mortgage payment since May. I live overseas and therefore don't have any access to mails going to the apartment in New York. My banker told me that... View More

Michael David Siegel
Michael David Siegel
answered on Dec 18, 2018

No, you cannot get all information on this site. Call the court clerk for the Supreme Court in your county, and ask.

3 Answers | Asked in Foreclosure for New York on
Q: If I know foreclosure is a possibility but hasn't happened yet; so can I just transfer the title of my house to my kids?
Michael David Siegel
Michael David Siegel
answered on Dec 11, 2018

Sure. But it is still subject to the mortgage.

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3 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Can a board member forclosure on shareholder if they are late on maintenance a couple of times?

if shareholder been late on maintenance a couple of times, can board foreclose on him?

Michael David Siegel
Michael David Siegel
answered on Nov 24, 2018

It depends on the proprietary lease. In theory, yes.

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1 Answer | Asked in Foreclosure for New York on
Q: I've read that military personnel get special protections to prevent foreclosure. What about former military?
Jonathan David Warner
Jonathan David Warner
answered on Nov 27, 2018

Not really. The military protections consist largely of making sure that those serving on active duty are not foreclosed upon in absentia. With that said, there are loan modifications available through the VA and/or Ginnie Mae that are specifically designed to give those associated with the... View More

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Wrongful co op sales. I hired CASA to help me save my co op and it was sold. They didn't stop the sale.

They told me they would resend the sale, but they didn't. My co op told me to get a lawyer. I have been trying to get one but, can't find anyone to help me.

Jonathan David Warner
Jonathan David Warner
answered on Oct 31, 2018

It doesn't sound like the co-op sale was wrongful, so much as you might not have had a fair opportunity to combat it (due to alleged attorney failure).

Consider reaching out to new counsel in an effort to rescind the sale. If necessary, the filing of a Chapter 13 Bankruptcy could allow...
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3 Answers | Asked in Foreclosure for New York on
Q: NY: In foreclosure past 5 years represented by council on per diem basis.

Mr xxxx took over servicing from Nationstar for Freddie Mac. They sent someone to my home 2 months ago to tell me to call Mr xxxx to discuss mitigation. They apparently don’t know (care) that I’m in litigation. Nothing to lose so I speak with them and provide all my info. They respond, “we... View More

Jonathan David Warner
Jonathan David Warner
answered on Oct 29, 2018

If you were my client, I'd advise you to start over with the new mortgage servicer. I'm not certain what there is to "litigate" with respect to your case, but most decisions favorable to borrowers are overturned by an appellate court. Thus, it would likely behoove you to... View More

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2 Answers | Asked in Real Estate Law, Estate Planning, Foreclosure and Probate for New York on
Q: can i be held accountable for a contract i did not sign? i am one half of an estate and other half signed

family member passed and house was lost 8 years later. i did not live in the house and was told on many occasions by person living in the home that the house was a loss but it took 8 years until member left house. now i get notice that there was money left in the estate. member "signed"... View More

Michael David Siegel
Michael David Siegel
answered on Oct 17, 2018

More details are required, including the actual contract. But it sounds like it is not binding.

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2 Answers | Asked in Foreclosure for New York on
Q: What is a judicial foreclosure state and is New York considered one?
Jonathan David Warner
Jonathan David Warner
answered on Oct 29, 2018

A judicial foreclosure is a Court-Ordered repossession of real property by a secured lender. New York is a judicial foreclosure State, meaning that banks must obtain Court Orders prior to physically foreclosing/repossessing real property.

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1 Answer | Asked in Foreclosure for New York on
Q: Does hiring a foreclosure lawyer allow you to stay in your home longer?
Derek John Soltis
Derek John Soltis
answered on Sep 14, 2018

Hiring an attorney that knows how to defend a foreclosure lawsuit and all of the other options available will normally get you more time than if someone files an answer themselves.

If you want to go over all of your options or have an attorney review your case, you need to reach out to an...
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1 Answer | Asked in Divorce, Real Estate Law and Foreclosure for New York on
Q: My ex was supposed to take over the house (mortgage, deed -both solely in my name) effective with the divorce

Effective when the divorce was finalized/on record, she was to takeover the payments , deed, etc as she remained in the house

She did not make payments. Left the house for a year. Came back and lived there again for a year without making payments and as the 24 month time frame in which... View More

Michael David Siegel
Michael David Siegel
answered on Sep 13, 2018

It is a divorce question, not a real estate question. Your decree governs and remedies are in that case.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Are lenders now pursuing residential foreclosures in federal court in New York due to diversity jurisdiction ruling?

if so, how does this affect timeline?

Michael David Siegel
Michael David Siegel
answered on Sep 12, 2018

They are doing it to accelerate the timeline, especially in counties that are very slow. Diversity jurisdiction allows them to do it.

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Q: I own a coop and I was late 3 months on my maintenance

after paying everything I owe i got a letter from the building lawyer demanding rent. what should I do? call him and inform him that maintenance was fully paid or should I call the management?

Michael David Siegel
Michael David Siegel
answered on Sep 10, 2018

Either one. Just follow up with a writing to both.

2 Answers | Asked in Foreclosure for New York on
Q: Hi, Standing? the lender sold the mortgage note 2x's mid litigation

WAMU started the action in Jan 08; sold the note to EMC Apr 08, then the case lagged. 1) didn't the case die when WAMU sold to EMC??

Derek John Soltis
Derek John Soltis
answered on Sep 4, 2018

One lender can take the place of another. Was the case ever dismissed along the lines? You may have other defenses that you are not aware of. Have an attorney review your complete case.

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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: HOW CAN I RECEIVE A DENIAL LETTER FOR LOSS MITIGATION WHEN..

I called mr cooper (freddie mac) to discuss loss mitigation. answered some of there questions on the phone (VERY general...no income info etc.) and 5 days later got the response "we are unable to offer you a modification because in performing our underwriting of a potential modification we... View More

Michael David Siegel
Michael David Siegel
answered on Aug 19, 2018

This is a very bureaucratic process. Keep appealing and filing for it. However, maybe you do not qualify based on something more obvious, like it is not your primary residence.

1 Answer | Asked in Foreclosure for New York on
Q: My dad stopped making his mortgage payment on his home in Unadilla, NY in Jan 2016. He moved out of state after that.

He passed away in Aug 2017 and the house is still not foreclosed on. I tried to deal with the bank but because his will had my mom (they have been divorced for many years) as the beneficiary they will not talk to me. Its been over 900 days since last payment was made. Why is it taking so long?

Michael David Siegel
Michael David Siegel
answered on Aug 5, 2018

They need someone to sue. The divorce nullifies the bequest to your mom. If your dad was sole owner, you need to bring an estate administration to deal with the bank. If there is no equity, it may not be worth the effort, and just let the property go. No one is presently in position to be... View More

2 Answers | Asked in Foreclosure for New York on
Q: Is there anything my daughter can do if she now has the

money to pay the taxes but the house is in the final stages of foreclosure?

Derek John Soltis
Derek John Soltis
answered on Jul 20, 2018

Talk to an attorney. Go over all of your options. Depending on your equity in your home you have different options.

Many attorneys will not charge you for a consultation. Talk to address many as you can. Develop a plan.

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1 Answer | Asked in Foreclosure for New York on
Q: How many missed mortgage payments can you have before you are in foreclosure?
Michael David Siegel
Michael David Siegel
answered on Jun 29, 2018

Legally, one. Practically, several months.

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