New York Foreclosure Questions & Answers

Q: What happens to the back taxes after the foreclosure claim is dropped

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Answered on Feb 7, 2019
Michael David Siegel's answer
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.

Q: Can you seek leniency from the court to avoid extreme hardship

4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
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 to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...

Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Answered on Jan 29, 2019
Michael David Siegel's answer
The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

Q: I want check if my property has been filed under a foreclosure in New York. Does Justia contain all filings?

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Answered on Dec 18, 2018
Michael David Siegel's answer
No, you cannot get all information on this site. Call the court clerk for the Supreme Court in your county, and ask.

Q: I've read that military personnel get special protections to prevent foreclosure. What about former military?

1 Answer | Asked in Foreclosure for New York on
Answered on Nov 27, 2018
Jonathan David Warner's answer
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 military a leg up.

Your next best step is to consult with an attorney who is familiar with Loss Mitigation Procedures and Foreclosure Law.

Good luck, and thanks for your service.

Q: Can a board member forclosure on shareholder if they are late on maintenance a couple of times?

3 Answers | Asked in Foreclosure and Real Estate Law for New York on
Answered on Nov 24, 2018
Michael David Siegel's answer
It depends on the proprietary lease. In theory, yes.

Q: Wrongful co op sales. I hired CASA to help me save my co op and it was sold. They didn't stop the sale.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Answered on Oct 31, 2018
Jonathan David Warner's answer
It doesn't sound like the co-op sale was wrongful, so much as you might not have had a fair opportunity to combat it (due to alleged attorney failure).

Consider reaching out to new counsel in an effort to rescind the sale. If necessary, the filing of a Chapter 13 Bankruptcy could allow you to claw the property back - but you'll want to carefully review this matter with an attorney prior to making any final decisions about your legal strategy.

Good luck!

Q: NY: In foreclosure past 5 years represented by council on per diem basis.

3 Answers | Asked in Foreclosure for New York on
Answered on Oct 19, 2018
Derek John Soltis' answer
There is no longer any laws that mandate a bank give loan modifications except under FHA loans, and even then there are tight deadlines. You should contact Shellpoint about a loan modification, while pointing out you were waiting for an answer on your appeal.

Q: can i be held accountable for a contract i did not sign? i am one half of an estate and other half signed

2 Answers | Asked in Real Estate Law, Estate Planning, Foreclosure and Probate for New York on
Answered on Oct 17, 2018
Michael David Siegel's answer
More details are required, including the actual contract. But it sounds like it is not binding.

Q: What is a judicial foreclosure state and is New York considered one?

2 Answers | Asked in Foreclosure for New York on
Answered on Oct 6, 2018
Michael David Siegel's answer
A judicial foreclosure state means a bank must bring a lawsuit to foreclose, and New York is such a state.

Q: Does hiring a foreclosure lawyer allow you to stay in your home longer?

1 Answer | Asked in Foreclosure for New York on
Answered on Sep 14, 2018
Derek John Soltis' answer
Hiring an attorney that knows how to defend a foreclosure lawsuit and all of the other options available will normally get you more time than if someone files an answer themselves.

If you want to go over all of your options or have an attorney review your case, you need to reach out to an attorney. Not every attorney understands foreclosure, so make sure to find someone with experience.

Q: My ex was supposed to take over the house (mortgage, deed -both solely in my name) effective with the divorce

1 Answer | Asked in Divorce, Real Estate Law and Foreclosure for New York on
Answered on Sep 13, 2018
Michael David Siegel's answer
It is a divorce question, not a real estate question. Your decree governs and remedies are in that case.

Q: Are lenders now pursuing residential foreclosures in federal court in New York due to diversity jurisdiction ruling?

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Answered on Sep 12, 2018
Michael David Siegel's answer
They are doing it to accelerate the timeline, especially in counties that are very slow. Diversity jurisdiction allows them to do it.

Q: I own a coop and I was late 3 months on my maintenance

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Sep 10, 2018
Michael David Siegel's answer
Either one. Just follow up with a writing to both.

Q: Hi, Standing? the lender sold the mortgage note 2x's mid litigation

2 Answers | Asked in Foreclosure for New York on
Answered on Sep 4, 2018
Derek John Soltis' answer
One lender can take the place of another. Was the case ever dismissed along the lines? You may have other defenses that you are not aware of. Have an attorney review your complete case.

Q: HOW CAN I RECEIVE A DENIAL LETTER FOR LOSS MITIGATION WHEN..

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Answered on Aug 19, 2018
Michael David Siegel's answer
This is a very bureaucratic process. Keep appealing and filing for it. However, maybe you do not qualify based on something more obvious, like it is not your primary residence.

Q: My dad stopped making his mortgage payment on his home in Unadilla, NY in Jan 2016. He moved out of state after that.

1 Answer | Asked in Foreclosure for New York on
Answered on Aug 5, 2018
Michael David Siegel's answer
They need someone to sue. The divorce nullifies the bequest to your mom. If your dad was sole owner, you need to bring an estate administration to deal with the bank. If there is no equity, it may not be worth the effort, and just let the property go. No one is presently in position to be served as the defendant.

Q: Is there anything my daughter can do if she now has the

2 Answers | Asked in Foreclosure for New York on
Answered on Jul 20, 2018
Derek John Soltis' answer
Talk to an attorney. Go over all of your options. Depending on your equity in your home you have different options.

Many attorneys will not charge you for a consultation. Talk to address many as you can. Develop a plan.

Q: How many missed mortgage payments can you have before you are in foreclosure?

1 Answer | Asked in Foreclosure for New York on
Answered on Jun 29, 2018
Michael David Siegel's answer
Legally, one. Practically, several months.

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