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New York Foreclosure Questions & Answers
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.... Read 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: 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... Read more »

Leonard R. Boyer
Leonard R. Boyer pro label 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... Read more »

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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... Read 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... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: What happens after you default mortgage 120 days
Carl Nelson
Carl Nelson
answered on Feb 3, 2023

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.... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: What happens after you default mortgage 120 days
Scott L. Lanin
PREMIUM
Scott L. Lanin
answered on Feb 3, 2023

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... Read more »

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4 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does bankruptcy court have jurisdiction regarding a state judgment of foreclosure that is void?

Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.

Michael David Siegel
Michael David Siegel
answered on Dec 28, 2022

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.

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4 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does bankruptcy court have jurisdiction regarding a state judgment of foreclosure that is void?

Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.

Scott L. Lanin
PREMIUM
Scott L. Lanin
answered on Dec 28, 2022

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... Read more »

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2 Answers | Asked in Foreclosure for New York on
Q: A judge had a court order for the other party to do by the next court Date on the next court dates it was adjourned

5 more time and then that judge that gave the order was no longer the judge and the new judge ignored the previous judge order saying it’s wasn’t on e- filing to review and then did a summary judgment

Carl Nelson
Carl Nelson
answered on Dec 26, 2022

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... Read more »

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2 Answers | Asked in Foreclosure for New York on
Q: A judge had a court order for the other party to do by the next court Date on the next court dates it was adjourned

5 more time and then that judge that gave the order was no longer the judge and the new judge ignored the previous judge order saying it’s wasn’t on e- filing to review and then did a summary judgment

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

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... Read more »

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1 Answer | Asked in Estate Planning and Foreclosure for New York on
Q: Need help with getting my name added to a deed

I am the administrator of my father's estate. My stepmother who is predeceased my dad took out a mortgage in her name only several years before she died. My dad never had the mortgage changed to his name neither did he add it to any paperwork he just paid it when it was due. Since his death... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 9, 2022

You are getting bad information. If you are administrator, you are entitled to information. If a foreclosure has not started you have time. However, you will have to reinstate the mortgage by paying all arrears to avoid foreclosure. The bank will not take partial payment. Hire a lawyer to deal... Read more »

1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
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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 Consumer Law and Foreclosure for New York on
Q: Attorney familiar with mortgage foreclosure, title, and mortgage servicing violations

Federal case- violations by mortgage servicer, of RESPA, QWR, NOE and more- also, lacks standing due to missing along and assignments

Carl Nelson
Carl Nelson
answered on Jan 12, 2023

You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google... Read more »

1 Answer | Asked in Foreclosure for New York on
Q: what a notice of presentment and a notice of dishonor means in leyman terms?

paragraph 9 or 10 in the note the waiver notice of presentment and notice of dishonor means in leyman terms

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2022

You cannot determine the specific meaning without seeing the entire document. Any attempt to speculate is not going to be useful.

5 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does a 1 year stay in 7 bankruptcy, extend to foreclosure? Can a bank initiate foreclosure within 1 year of bankruptcy?

The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?

Jonathan David Warner
Jonathan David Warner
answered on Apr 1, 2022

There is nothing stopping a lender from foreclosing after a bankruptcy is Discharged or Relief from Stay is awarded beforehand. The lender cannot begin foreclosure during a Bankruptcy case before the occurrence of either hypothetical.

Otherwise, no. There is no law the avails a grace period...
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1 Answer | Asked in Foreclosure for New York on
Q: can you help[ me with the forclosure on my home

i was given a petition for forclosure and told that i need to be out of my home in 10 days... the loan is in my deceased wifes name any myself.. i had sent the paperwork 2 years ago to the bank for them to automatically take out of my checking account each month..i have a disabled daughter that... Read more »

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2022

You need to retain an experienced mortgage foreclosure and bankruptcy attorney. Your home can be saved. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography... Read more »

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Grandmother was coerced into signing a deed transfer and wants to correct it. What should she do?
Toshinori Isoai
Toshinori Isoai
answered on Dec 12, 2021

More facts need to be presented surrounding the "deed transfer."

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