New York Foreclosure Questions & Answers

Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Answered on Apr 17, 2019
Elaine Shay's answer
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 the property until the auction unless a receiver or other type of order impacting rent collections had been entered.

Q: Is there a status of limitation on foreclosuring on a property

3 Answers | Asked in Foreclosure for New York on
Answered on Feb 21, 2019
Michael David Siegel's answer
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.

Q: Is it customary/legal to have creditors listed as defendants along with homeowner about to lose home in tax foreclosure

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Answered on Feb 17, 2019
Michael David Siegel's answer
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.

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.

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.