Get free answers to your Foreclosure legal questions from lawyers in your area.
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 
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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... View More
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
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
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
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... View More
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
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... View More
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
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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
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
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
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
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
The city has sent me notice to pay 5500 or they will list my home on the foreclosure list
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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
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
answered on Mar 21, 2025
More information is needed to properly answer your question.
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
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.
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
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!
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.
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.... View More
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
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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.
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
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.
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.
I may need to sell for less than what the bank has as payoff amount.
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.
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
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.
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
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
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