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New York Foreclosure Questions & Answers
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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3 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?

I am a tenant of a property that the landlord stated was going into foreclosure. The landlord vacated the property as of November 1st 2018 and at the same time my lease also ended. I continued to pay rent and she still collected payment from Section 8 Housing Authority as well. I put in for a... Read more »

Elaine Shay
Elaine Shay answered on Apr 17, 2019

According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from... Read more »

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3 Answers | Asked in Foreclosure for New York on
Q: Is there a status of limitation on foreclosuring on a property

When a lender/bank starts the foreclosure process,how long do they have to complete it.is there a status of limitation.

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

Let me clear up a few issues. A "statute of limitations" refers to the time to commence a suit. Your case is commenced, so this no longer applies. Once commenced, there is no amount of time in which a case must be completed. Many cases remain open for years.

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Is it customary/legal to have creditors listed as defendants along with homeowner about to lose home in tax foreclosure

Having problems claiming surplus funds from auction sale of home

Michael David Siegel
Michael David Siegel answered on Feb 17, 2019

Your question is unclear. Surplus is claimed after the sale. You say you are about to lose your home. Creditors with judgments are named in the foreclosure as the judgment liens impair title. These entities can claim the surplus too.

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2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Q: What happens to the back taxes after the foreclosure claim is dropped
Michael David Siegel
Michael David Siegel answered on Feb 7, 2019

You owe it, or there will be a tax foreclosure. The bank might pay it, but if they have not yet, the bank is not likely to do so in the future. The tax foreclosure goes like a regular foreclosure.

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4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Q: Can you seek leniency from the court to avoid extreme hardship

My house was foreclosed on receive a letter to vacate have three children in school and my funds are limited

Jonathan David Warner
Jonathan David Warner answered on Feb 3, 2019

No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.

For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not...
Read more »

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3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

with a forwarding address, can the CPLR 3215 g Affidavit of Additional Mailing be amended with new date AND forwarding address? OR, does a totally new Affidavit have to be done?

Michael David Siegel
Michael David Siegel answered on Jan 29, 2019

The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: I want check if my property has been filed under a foreclosure in New York. Does Justia contain all filings?

I just realized that there has been an issue with the auto-payment of my mortgage (apartment in New York) since May 2018, causing me to miss the mortgage payment since May. I live overseas and therefore don't have any access to mails going to the apartment in New York. My banker told me that this... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 18, 2018

No, you cannot get all information on this site. Call the court clerk for the Supreme Court in your county, and ask.

3 Answers | Asked in Foreclosure for New York on
Q: If I know foreclosure is a possibility but hasn't happened yet; so can I just transfer the title of my house to my kids?
Michael David Siegel
Michael David Siegel answered on Dec 11, 2018

Sure. But it is still subject to the mortgage.

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1 Answer | Asked in Foreclosure for New York on
Q: I've read that military personnel get special protections to prevent foreclosure. What about former military?
Jonathan David Warner
Jonathan David Warner answered on Nov 27, 2018

Not really. The military protections consist largely of making sure that those serving on active duty are not foreclosed upon in absentia. With that said, there are loan modifications available through the VA and/or Ginnie Mae that are specifically designed to give those associated with the... Read more »

3 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Can a board member forclosure on shareholder if they are late on maintenance a couple of times?

if shareholder been late on maintenance a couple of times, can board foreclose on him?

Michael David Siegel
Michael David Siegel answered on Nov 24, 2018

It depends on the proprietary lease. In theory, yes.

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