James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023

I'm truly sorry to hear about this incredibly stressful situation. In situations where there may have been a violation of court orders or misconduct by your own attorney, it could potentially be beneficial to consult with another attorney to review the specifics of your case and possibly... View More

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... View More

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

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... View More

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.

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... View More

Leonard R. Boyer Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2023

The fee you were quoted was dirt cheap. We cannot quote fees on this website, however, I can tell you to remember one rule. Choosing a cheap attorney can often lead to expensive mistakes and/or irreparable harm, so just save yourself some aggravation and money by picking the best attorney you can... View More

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

After your default for 120 days, your lender or the lender's servicer may elect to send you a default notice or a letter of acceleration. Accelerating the loan means that they are calling it as fully due and payable now instead of over the regular loan term. They may also send you a 90-day... View More

New York is a judicial foreclosure state, which means that a creditor-sale of a piece of residential real property cannot happen without a court order. The lender first needs to provide you with certain pre-foreclosure notices, and then ultimately file a summons and complaint and serve you with it.... View More

If the state court issued a judgment of foreclosure, even if you believe that the note and mortgage were somehow void, your remedy would be to challenge that judgment in that court with a motion to reargue or an appeal to the higher state court. If you try to collaterally attack it in a bankruptcy... View More

Yes and no. It applies State law if the claim is not final in State court. If it has been made final in state court, then the bankruptcy court must honor the state court judgment. There are bankruptcy options to modify, etc., even if there is a judgment.

You did not ask a question. If you are unhappy with the progress of your case, that is understandable given the situation you described. But other than the fact of several adjournments and a summary judgment ruling against you, you have not presented any facts which an attorney can analyze. Just... View More

I agree with Mr Luisi’s response. Also, depending on where the case is procedurally and on what happens with the summary judgment motion, you may at some point need to consult an attorney about a bankruptcy filing if you need to stop a foreclosure sale and resolve the mortgage issue(s) in... View More

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

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.

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

Jack

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

Jack