Ask a Question

Get free answers to your Foreclosure legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Foreclosure Questions & Answers
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
PREMIUM
James L. Arrasmith pro label 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

1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for New York on
Q: Is this fraud and if so, do I have legal recourse to do anything about it?

When my mother died in 2019, I unwittingly inherited a $100K Wells Fargo home equity loan from 2011 that it's my understanding was never paid back, either by her or by my late father. She had been claiming to pay off the loan using my SSI funds, and only in 2022 did I find out that was not... View More

Carl Nelson
Carl Nelson
answered on Sep 19, 2023

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

2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

Jonathan David Warner
Jonathan David Warner
answered on Aug 25, 2023

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

View More Answers

2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

View More Answers

1 Answer | Asked in Foreclosure for New York on
Q: Does anyone see the expiration of the Statute of Limitations?

The Lender brought a prior action on 06/10/2010, according to FAPA the Statute of Limitations began to run as this action was voluntarily dismissed by Lender. This was not dismissed by a Court.

The Lender started a new action with Lis Pendens, Summons & Complaint on 03/30/2011; however,... View More

Carl Nelson
Carl Nelson
answered on Jun 19, 2023

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

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.... View 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...
View More

View More Answers

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...
View More

View More Answers

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... View 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... View More

View More Answers

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... View 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... View More

View More Answers

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.... View More

View More 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... View More

View More Answers

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... View More

View More Answers

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.

View More Answers

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... View More

View More Answers

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... View More

View More Answers

1 Answer | Asked in Foreclosure for New York on
Q: My grandmother's estate is being foreclosed on, I'm listed as an heir - should I get a lawyer?

I've received paperwork to my home, but I'm not listed on any deed, I don't own property - I want to make sure I will not be held responsible for my grandmother's estate and the property she owned that is being foreclosed on due to a reverse mortgage.

Michael David Siegel
Michael David Siegel
answered on Jun 12, 2024

You are just being named to clear title. You have no personal liability, and if you do not care about the property, do nothing. You will get other papers as the case proceeds.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Michael David Siegel
Michael David Siegel
answered on Apr 2, 2024

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

View More Answers

1 Answer | Asked in Foreclosure and Landlord - Tenant for New York on
Q: If someone is evicted from their house for not paying the mortgage, can they repurchase the house at a later date?

For example they get evicted in March. The company that controls the mortgage evicts them, cleans up and refurbishes the house for sale. Is it possible for the person who was evicted to make an offer several months later to repurchase the house? Would they have to pay the mortgage payments they... View More

Carl Nelson
Carl Nelson
answered on Sep 27, 2023

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.

1 Answer | Asked in Government Contracts, Contracts, Foreclosure and Real Estate Law for New York on
Q: what new york state form do I need for a partial assignment of inheritance expectancy between assignor and assignee ?

Hi im jermain I do asset recovery I audit time limited information from government agencies in order to find the claimant owed the money, I then charge a contingency fee for hours of work put into finding the claimant rightfully owed the money from the government, sometimes the claimant owed the... View More

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

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

Jack

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.