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

James L. Arrasmith 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

It's possible.

Jack

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

Contact the Executor of the estate and inquire.

Jack

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

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.

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

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.

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

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

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

Jack

Not that I have ever heard of. What are you trying to do?

Jack

You need to have a foreclosure defense attorney look at your file to evaluate your options.

I need to look at the case. It depends how the stip to withdraw was worded. there is caselaw that suggests that since the loan was accelerated, then once the matter is withdrawn or dismissed, he statute of limitation applies.

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

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

Can you provide some more details? What kind of case was this related to?

In the absence of an unusual circumstance such as where there has been a guardian appointed to represent the best interests of the principal, an attorney cannot represent someone without the principal's knowledge and consent to do so.

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.