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New York Foreclosure Questions & Answers
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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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 »

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

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: 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
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
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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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for New York on
Q: I'm i obligated to property or home if im not the executer ie liens
Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 20, 2021

Please try to ask your question more clearly for assistance.

1 Answer | Asked in Foreclosure for New York on
Q: Can a Lis pendens cause a foreclosure auction if summons was not answered by seller in court ?
Leonard R. Boyer
Leonard R. Boyer
answered on Apr 16, 2021

A Lis Pendens is a notice to the public that the property is subject to a lawsuit. What you really need to do at this point is to obtain an experienced mortgage foreclosure defense and bankruptcy attorney to represent you. During this pandemic, you have a choice of either seeing your attorney in... Read more »

1 Answer | Asked in Foreclosure for New York on
Q: My father complied the notice of pendency out of court with the buyer but the buyer has refused to release

Notice of pendency we are extended extensions to sell the house to them we have only received from them loan applications and not the commitment letter from the bank I'm really lost and I don't no longer know what to do is stating on real estate sites that it is pending sale but it is... Read more »

Derek John Soltis
Derek John Soltis
answered on Apr 7, 2021

It sounds like you should call an attorney who does real transactions for properties in foreclosure for a free consultation. Instead of trying to do everything yourself, it may be work checking with someone that you are not being ripped off.

1 Answer | Asked in Foreclosure for New York on
Q: What will happen to my father's house since he did not answer the summons of notice of pendency will he lose his house
Derek John Soltis
Derek John Soltis
answered on Apr 6, 2021

It sounds like he is in a foreclosure matter based on a notice of pendency. If he does nothing, eventually he will lose the house. If he starts replying or looking at loan modification, he can save his home. He just needs to start taking action.

3 Answers | Asked in Foreclosure for New York on
Q: My father house has a judicial foreclosure auction he settled with the summons out-of-court the buyer has not bought the
Michael David Siegel
Michael David Siegel
answered on Apr 4, 2021

Your question cut off. I do not understand it.

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1 Answer | Asked in Foreclosure and Banking for New York on
Q: In tax foreclosures is the winning bidder responsible for liens/mortgage loans on property?

How would someone find out that information? Is going through a lawyer the only way to get reliable infor.?

Michael David Siegel
Michael David Siegel
answered on Oct 16, 2020

No. Mortgages are junior to the taxes. Thus, they should be foreclosed out, unless the plaintiff failed to name it.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: i need help filing default or summary judgement regarding my quiet title complaint- dutchess supreme index 2020-829
Michael David Siegel
Michael David Siegel
answered on Sep 3, 2020

There is a big difference between the two. No lawyer is going to give you a tutorial. If you do not know what to do, hire a lawyer.

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1 Answer | Asked in Foreclosure for New York on
Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?

The mortgage guarantor sold our home through foreclosure sale to a 3rd party servicer through a referee's deed. There was no note attached to the mortgage. The servicer has no standing or interest in our home. The trust associated with the house is closed.

Jonathan David Warner
Jonathan David Warner
answered on Jul 16, 2020

You haven't provided enough information for anyone to provide an answer.

With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that...
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2 Answers | Asked in Foreclosure for New York on
Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?

There is no note for my home. This is New York and the note was electronically recorded by MERS. We were not notified of the sale.

Derek John Soltis
Derek John Soltis
answered on Jul 15, 2020

There appears to a lot going on. Send your case to a lawyer to get a free consult about what is happening.

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2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

Derek John Soltis
Derek John Soltis
answered on May 27, 2020

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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