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New York Foreclosure Questions & Answers
2 Answers | Asked in Probate, Foreclosure and Real Estate Law for New York on
Q: Do we have rights to stay in deceased mother's house with reverse mortgage?

I am a senior living in my deceased mother's house, which has a reverse mortgage, along with my senior brother. She passed away 4 years ago and left no will. We've attempted to contact the lender multiple times, even sending the death certificate, but never received a payout statement or... View More

Stephen Bilkis
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answered on Jul 7, 2025

I'm sorry you're facing this stressful situation. Dealing with the aftermath of a parent’s passing, especially when a reverse mortgage is involved, can be very confusing and emotionally taxing.

In New York, when someone passes away without a will, their estate is subject to the...
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5 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New York on
Q: When to file Chapter 13 to stop foreclosure after 120 days nonpayment?

I have missed 120 days of mortgage payments, and my loan modification was denied on 4/28. I have not received a formal foreclosure notice yet, and I'm considering filing for Chapter 13 bankruptcy as I have no other options. How soon should I file to stop the foreclosure process? Also, I am not... View More

Michael O'Leary
Michael O'Leary
answered on May 3, 2025

While there are no immediate time pressures that would necessitate an ASAP filing, remember that each month your case does not get filed you are another month behind in your mortgage payments, which would slightly increase the "bare bones" minimum monthly Plan payment amount needed for... View More

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5 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New York on
Q: When to file Chapter 13 to stop foreclosure after 120 days nonpayment?

I have missed 120 days of mortgage payments, and my loan modification was denied on 4/28. I have not received a formal foreclosure notice yet, and I'm considering filing for Chapter 13 bankruptcy as I have no other options. How soon should I file to stop the foreclosure process? Also, I am not... View More

Howard E. Knispel
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Howard E. Knispel
answered on May 3, 2025

If you have not been served with a summons for foreclosure you still have some time. Before a mortgage company can sell you property in foreclosure they use start a foreclosure suit. At that point you should start a bankruptcy. But be aware that a Chapter 13 is a payment plan. Assuming you want to... View More

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2 Answers | Asked in Appeals / Appellate Law, Foreclosure and Gov & Administrative Law for New York on
Q: Foreclosure case: Settle for $100k or wait for appellate court decision?

I have clients whose house has been in foreclosure since 2008. The foreclosure was dismissed twice in supreme court based on the statute of limitations under the FAPA law, and the bank appealed the decision. We're awaiting the appellate court decision, which could take up to 2 years. The loan... View More

Charles Holster
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answered on Mar 20, 2025

I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.

But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a...
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4 Answers | Asked in Probate, Foreclosure and Bankruptcy for New York on
Q: How can probate stop foreclosure and allow time to sell my house in NY?

I am in the process of filing paperwork to become the executor of my husband's estate after his recent passing. I have recently received paperwork indicating that I am in danger of losing my home due to foreclosure, and I need to respond urgently. The house is the only asset involved in the... View More

Carl Nelson
Carl Nelson
answered on Mar 18, 2025

If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may... View More

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1 Answer | Asked in Foreclosure and Civil Litigation for New York on
Q: Does a motion to show cause in a NY foreclosure case go to the current judge or a different one?

In a foreclosure case in New York, where a judgment has been entered and a sale date set, I am filing a motion to show cause due to arguments of fraud and deception by the plaintiff. The case has already been litigated. Will this motion go to the judge currently presiding over the foreclosure case,... View More

Jonathan David Warner
Jonathan David Warner
answered on Mar 8, 2025

Under the circumstances, you really should be hiring an attorney to represent and counsel you regarding legal strategy.

First, the legal process you're referring to is called an "Order Show Cause," not a "Motion to Show Cause". If you file this legal process as a...
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3 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: My situation is complicated, but here is some information. My mom passed away, my family & i lived in the house with her

For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More

Benjamin Z. Katz
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answered on Jan 23, 2025

If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction... View More

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3 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: My situation is complicated, but here is some information. My mom passed away, my family & i lived in the house with her

For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Jan 23, 2025

When someone dies and has a Will, the Executor manages the estate, including the real property, until the Executor distributes the property to the named beneficiaries. The Executor's duties include ensuring that the property is secure. Effectively, the Executor is the landlord of the premises... View More

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3 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: My situation is complicated, but here is some information. My mom passed away, my family & i lived in the house with her

For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Feb 19, 2025

I’m very sorry to hear about your situation—it sounds incredibly difficult. Based on what you’ve described, there could be a few legal considerations regarding liability for your belongings.

Ownership & Access Rights

Since you are still a 1/4 owner of the property under...
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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Since 2012/2018 a foreclosure cases has been ongoing till present Does a statue of limitations apply in NY

The first index number was filed in 2012 plaintiffs ask to discontinue in 2016 since plaintiffs did not have proper documentation. the case was refiled different index number 2018 I’m trying to sign off on DIL but they keep making errors with names and addresses on the DIL for months When... View More

Carl Nelson
Carl Nelson
answered on Oct 7, 2024

There are too many variables for a situation like yours to give you a definitive (and fair) response to your question. But because you raise important points, especially related to how the law in New York has changed regarding statutes of limitation, I highly recommend you speak to a qualified... View More

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1 Answer | Asked in Foreclosure for New York on
Q: Can the city of troy place my home on foreclosure in January 2024 without taking us to court

The city has sent me notice to pay 5500 or they will list my home on the foreclosure list

James L. Arrasmith
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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

1 Answer | Asked in Banking, Foreclosure, Real Estate Law and Collections for New York on
Q: How do I resolve a loan balance issue after foreclosure sale?

I obtained a mortgage loan from a bank 10 years ago, but failed to repay it, which resulted in the bank selling my house. I didn't receive any information regarding the sale, but recently, when I applied for a new loan, my credit report showed a write-off of the former loan. The new bank is... View More

James L. Arrasmith
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answered on Apr 12, 2025

It's understandable that you're concerned about the remaining loan balance after the foreclosure sale. The first step is to contact the bank to request a detailed statement of the loan balance after the foreclosure, including any deficiency amount that still exists. This will help you... View More

2 Answers | Asked in Foreclosure and Bankruptcy for New York on
Q: Can NY hold unclaimed funds from FL foreclosure refund?

I received a refund from a foreclosure in Florida, which was sent to New York as unclaimed funds without notification. New York is withholding these funds, stating I'm not eligible unless they find reserve money. Can New York legally hold funds due to me from Florida under these circumstances,... View More

Timothy Denison
Timothy Denison
answered on Mar 21, 2025

More information is needed to properly answer your question.

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: What is meant by "disguised foreclosure"?

I own a house (free of liens) that an investor wants to purchase. The investor wants me to finance the property at a 30-year amortization, with a balloon payment due after ten years. The buyer wants to put language in the agreement that the deed is held by the title company, and if they default,... View More

Michael David Siegel
Michael David Siegel
answered on Jan 28, 2025

It means you are being scammed, and deeds that are really part of a property flipping scheme are illegal, so they are trying to cover it up when they record it.

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1 Answer | Asked in Foreclosure for New York on
Q: I have been fighting foreclosure in court for 12 years. The bank has filed three motions for summary judgment and all

were denied due to lack of standing. The judge retired and a new judge is now assigned. The new judge says they do have standing because they attached a copy of the note to the complaint.Is that all the bank has to do to have standing?. The first judge also stated they never responded fully to my... View More

Jonathan David Warner
Jonathan David Warner
answered on Dec 4, 2024

The answer to your question will depend upon a number of variables. My recommendation is that you retain legal counsel to, at the very least, review the matter and give you some guidance from there.

Good luck with your case!

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: hi Is a notarized signed and submitted Deed in lieu of foreclosure documents revocable by a plaintiff in New York
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

There are limited circumstances under which a plaintiff (typically the borrower) might try to revoke or challenge the validity of a submitted Deed in Lieu of Foreclosure (DIL). Generally, once the lender accepts and files the DIL, revocation is highly unlikely unless a valid legal basis exists.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Can you sue your mortgage company and win your home free and clear ?

Illegal foreclosure

Jack Mevorach
Jack Mevorach
answered on Nov 4, 2024

It's possible.

Jack

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
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2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New York on
Q: Hello how do i find out the status of an Heir property ?

There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate

'

Jack Mevorach
Jack Mevorach
answered on Aug 18, 2024

Contact the Executor of the estate and inquire.

Jack

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1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Is there a way to take over my mother's mortgage after she passes so the bank doesn't take it?

Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.

Jack

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