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New York Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Q: Sale of note, then sale of collateral, then forgiveness of debt confusion.

When a mortgage and note (one document, titled NOTE AND MORTGAGE) is sold, the creditor/lender/noteholder/mortgagee changes, but the debtor/borrower/mortgagor stays the same.

If the debtor/borrower/mortgagor then sells the mortgaged property (the deed to his house), subject to the... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

When a lender assigns a note and mortgage, the debt remains with the borrower even if the property is sold subject to the mortgage.

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: Ok we rented a house In center Marichert is the landlord required two months security and a half months we moved into a

Foreclosure notice on the door do we have to pay rent? Is it a fraudulent lease since he didn’t tell us the house was in foreclosure? And is it true that the law change that you only have to pay one month security?

Michael David Siegel
Michael David Siegel answered on Mar 14, 2020

The whole thing may be a fraud. The "landlord" may not even own the house. If you paid already, you might call the police.

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1 Answer | Asked in Foreclosure for New York on
Q: If I file suit against my lender while in foreclosure can the lender continue and sell the house at auction
Derek John Soltis
Derek John Soltis answered on Feb 21, 2020

If you file a bankruptcy, the automatic stay will stop the lender from selling your house as long as you are eligible. Just filing a regular lawsuit usually will not stop a foreclosure sale.

You really should talk with a foreclosure defense attorney to go over all of your options. Most...
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1 Answer | Asked in Foreclosure for New York on
Q: My foreclosure case was in 2008 and I never had a treverse conference, fast forward to2019 , my house is up for auction

Bottom line I wasn’t given a opportunity to state my case .they didn’t own the note , this is why I never had that meeting .the opposition always made excuses why they couldn’t meet with me , and they got away with this ! What can I do to save my house ? It’s been a 11 year battle dealing... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 6, 2020

It sounds like you are in a tight spot. You need to talk with a foreclosure defense attorney as soon as possible.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Hello i live in queens ny and house i live in is in foreclosure & is going to be auctioned jan 24 2020. Whats my rights

Already in foreclosure.

Being auctioned 1/24/20.

Michael David Siegel
Michael David Siegel answered on Dec 31, 2019

Are you the owner or the tenant? If you are the tenant, you have the same rights you had before, including a lease.

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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: how to pay judgment and notify court Paid in full with a bond,
Michael David Siegel
Michael David Siegel answered on Nov 14, 2019

You need to file the bond with the clerk. There is a fee. The judgment will be stayed until the appeal is over.

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?

I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding

Elaine Shay
Elaine Shay answered on Oct 29, 2019

It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... Read more »

1 Answer | Asked in Foreclosure for New York on
Q: Is it bank can open foreclosure case without signed affidavit from (client) bank employee ?

Bank open a foreclosure case with out client(bank) Signed affidavit .

If no affidavid shouldn’t open this case or

Shouldn’t started ? Am I wrong ?

How it’s work ? Thank you

Elaine Shay
Elaine Shay answered on Oct 29, 2019

Like other litigations, foreclosure cases are commenced by service of a summons and complaint not be service of an affidavit.

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: I am a tenant, home in process of foreclosur lease agreement still effective from previous landlord what are my rights?
Michael David Siegel
Michael David Siegel answered on Oct 29, 2019

You cannot be evicted. Make sure you have a copy of your lease to show the buyer at the sale.

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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: NY house is being sold in a forclosure auction. Need to remove my personal property. Do I need permission from the ban

Do I need permission from the bank to remove my personal property before the sale?

Elaine Shay
Elaine Shay answered on Oct 20, 2019

Are you the owner or a tenant? If you are the tenant, the lender would have no interest in your personal property. However, if you start taking appliances, the lender may not believe you own them. Likewise, if you are the owner, the lender would not be interested in your personal property but... Read more »

1 Answer | Asked in Foreclosure for New York on
Q: servicer set a foreclosure sale date for nov 21. we were not notified it was changed by attorney to november 4
Michael David Siegel
Michael David Siegel answered on Oct 16, 2019

Sale dates are set by the Referee and are advertised as per court order. Thus, your question makes no sense.

1 Answer | Asked in Foreclosure for New York on
Q: I own a Florida timeshare. The owner filed a non-judicial foreclosure demanding payment of assessments owed.

If sold pursuant to foreclosure can they keep entire proceeds even if it exceeds amount owed to Timeshare Company. I called and was told that I lose ownership in this foreclosure.

Michael Hales
Michael Hales answered on Oct 14, 2019

This may be true. To work through this, I'd have to review the terms of your purchase agreement.

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New York on
Q: Adverse Possession ? 1/11/2006 foreclosed 6/2006, knew not a thing about it and they sold it 3/2015. Does this meet it

Said they served my daughter 1/11/06, Forecosed on 6/2006. Knew nothing until 3//2015. 3/2015 Friend told me my home was being sold. 1/2005 home next door was 100% destoyed by water damage. The bank knew for a fact where I was living.

My daughter stated in court papers she was never... Read more »

Elaine Shay
Elaine Shay answered on Oct 8, 2019

I'm sure you are anxious for an answer but a real answer to your situation would best be sought by having an attorney review all the documents and facts related to your situation.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: My husband and sister-in-law inherited a property in Jefferson New York. Need to foreclose, who would be a good lawyer?

Sold property in 2005 on 30 year contract to family member and his wife. Received payments until 2008, and then had several payment in default. Between 2005 and 2008 Mortgagees took out home equity loan with bank. Paper was signed to allow this to happen. Later on they apparently needed more money,... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 4, 2019

You may have statute of limitations problems. Depends on the payments and documents in these deals. Search this site for a foreclosure lawyer in the area.

1 Answer | Asked in Foreclosure for New York on
Q: I have now been named and served as a defendant in the foreclosure of my mother's house, as she passed...

I received the summons yesterday (my husband answered the process server for me). I am not on the deed nor note for this house, and do not plan to contest the foreclosure, however, I want to remain in the loop about the proceedings. I also, do not want to hand my rights over to the bank's attorney... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 21, 2019

There is a special notice of appearance for foreclosures. I charge $500 to file it and monitor the case. It gives you notice of all proceedings, and any surplus issues. You do not owe anything. You are being named as an heir, I assume. The papers will say.

1 Answer | Asked in Foreclosure and Probate for New York on
Q: I need help getting the deed of my late father's house into my name. I cannot afford a lawyer. Please help.

I cannot afford a lawyer, I want to Kno if any lawyers do any pro bono cases. For my children's sake, I need to get the deed transferred to my name, for the mortgage company, so I have a chance at saving the house, so we don't become homeless. If someone is willing to help me, I can work out a... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 26, 2019

I am not sure you need to do what you think you need to do. It depends on the equity, if any, in the house.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: can a foreclosure sale be set aside if there is no proof of publication and proof of notice of sale in nyc ?

I am a title reader in NYC, a deed went on 2017 out of a referee to an LLC. The lender foreclosed on the estate of the owner and the action shows no proof of publication and no proof of notice of sale. The LLC is now trying to sell the property. I believe the action can be set aside but want an... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 24, 2019

Normally the proof of publication is filed with the case. If you give an attorney the case number it is fairly easy to find if the case was filed after 2011 otherwise it would need to be pulled from the courthouse itself.

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1 Answer | Asked in Foreclosure for New York on
Q: My mortgage company is currently going through bankruptcy. Am I still responsible for making payments?

My mortgage company is going through bankruptcy but threatening me with foreclosure on my home due to failed payments. How can they come after me when they themselves aren’t in good financial satisfactory.

Michael David Siegel
Michael David Siegel answered on Jul 23, 2019

You owe them. They do not owe you. Your loan is an asset for their creditors. You need to pay.

1 Answer | Asked in Foreclosure and Landlord - Tenant for New York on
Q: Why is my name appearing as a defendant in my landlords foreclosure lawsuit? And do I need to worry?

For 5 years A friend and I rented a couple rooms at house owned by another friend to assist with the mortgage after her husband left. The three of us lived in the house together. We did not have a lease and paid cash every month. I am aware of the big mistake this was. Two years, just before I... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 15, 2019

What I cannot understand from your post is whether you are on the mortgage or not. You could be named as a tenant, in which case you can ignore it. But if you are obligated on the mortgage debt, then you need to get involved.

2 Answers | Asked in Foreclosure for New York on
Q: A FORECLOSURE NOTICE FOR MY MOTHER IN LAWS HOME, WAS SERVED TO HER NIECE WHO LIVES IN ANOTHER STATE(NY), IS THIS LEGAL?

A FORECLOSURE NOTICE FOR MY MOTHER IN LAWS HOME WAS SERVED TO HER NIECE IN ANOTHER STATE (NY).

MY MOTHER IN LAW SAYS SHE DID NOT RECEIVE ANY SUMMONS IN HER STATE OF NJ. SHE DID RECIEVE A LETTER FROM HER MORTGAGE COMPANY STATING HER REQUEST FORM FOR HER "AT RISK STATUS" WAS UNSIGNED SO... Read more »

Derek John Soltis
Derek John Soltis answered on May 3, 2019

Have your mother-in-law talk to an attorney. Attorneys cannot tell someone to tell someone else how to practice law. If you and she like you can be on the call.

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