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New York Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for New York on
Q: Does hiring a foreclosure lawyer allow you to stay in your home longer?
Derek John Soltis
Derek John Soltis answered on Sep 14, 2018

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...
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1 Answer | Asked in Divorce, Real Estate Law and Foreclosure for New York on
Q: My ex was supposed to take over the house (mortgage, deed -both solely in my name) effective with the divorce

Effective when the divorce was finalized/on record, she was to takeover the payments , deed, etc as she remained in the house

She did not make payments. Left the house for a year. Came back and lived there again for a year without making payments and as the 24 month time frame in which... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 13, 2018

It is a divorce question, not a real estate question. Your decree governs and remedies are in that case.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Are lenders now pursuing residential foreclosures in federal court in New York due to diversity jurisdiction ruling?

if so, how does this affect timeline?

Michael David Siegel
Michael David Siegel answered on Sep 12, 2018

They are doing it to accelerate the timeline, especially in counties that are very slow. Diversity jurisdiction allows them to do it.

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Q: I own a coop and I was late 3 months on my maintenance

after paying everything I owe i got a letter from the building lawyer demanding rent. what should I do? call him and inform him that maintenance was fully paid or should I call the management?

Michael David Siegel
Michael David Siegel answered on Sep 10, 2018

Either one. Just follow up with a writing to both.

2 Answers | Asked in Foreclosure for New York on
Q: Hi, Standing? the lender sold the mortgage note 2x's mid litigation

WAMU started the action in Jan 08; sold the note to EMC Apr 08, then the case lagged. 1) didn't the case die when WAMU sold to EMC??

Derek John Soltis
Derek John Soltis answered on Sep 4, 2018

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.

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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: HOW CAN I RECEIVE A DENIAL LETTER FOR LOSS MITIGATION WHEN..

I called mr cooper (freddie mac) to discuss loss mitigation. answered some of there questions on the phone (VERY general...no income info etc.) and 5 days later got the response "we are unable to offer you a modification because in performing our underwriting of a potential modification we... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 19, 2018

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.

1 Answer | Asked in Foreclosure for New York on
Q: My dad stopped making his mortgage payment on his home in Unadilla, NY in Jan 2016. He moved out of state after that.

He passed away in Aug 2017 and the house is still not foreclosed on. I tried to deal with the bank but because his will had my mom (they have been divorced for many years) as the beneficiary they will not talk to me. Its been over 900 days since last payment was made. Why is it taking so long?

Michael David Siegel
Michael David Siegel answered on Aug 5, 2018

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... Read more »

2 Answers | Asked in Foreclosure for New York on
Q: Is there anything my daughter can do if she now has the

money to pay the taxes but the house is in the final stages of foreclosure?

Derek John Soltis
Derek John Soltis answered on Jul 20, 2018

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.

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1 Answer | Asked in Foreclosure for New York on
Q: How many missed mortgage payments can you have before you are in foreclosure?
Michael David Siegel
Michael David Siegel answered on Jun 29, 2018

Legally, one. Practically, several months.

1 Answer | Asked in Foreclosure for New York on
Q: How do I put a lien on my deceased mothers home that is currently in forclosure in NYS. ?

My mother passed away three months ago, her home is in foreclosure. In her will listed as #1 , it simply states that her funeral be paid by the sale of her home. I her son paid in " full " for her funeral. I have a older brother who we do " not " communicate at all. I just want... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 7, 2018

If the house has no equity, you do not get money for the funeral from it. You do not get a lien. If there is equity, sell the house to get the proceeds. You might be able to get a few bucks by doing a short sale to cover these costs if the will is probated.

1 Answer | Asked in Foreclosure for New York on
Q: Co-own a house with my ex that went into foreclosure - can I let him buy me out?
Michael David Siegel
Michael David Siegel answered on Jun 1, 2018

Sure. That is a good idea.

2 Answers | Asked in Foreclosure for New York on
Q: my mothers home now has a foreclosure sale date of June 26th. How long from that date do I have to get out.

My mother has passed and her home was in foreclosure. I still live in the home just need to know how long after the sale date i have to get out.

Michael David Siegel
Michael David Siegel answered on May 29, 2018

A few months. However, you can approach the buyer and agree to a move out date. This avoids the buyer having to do an eviction. The sooner you leave, the more you can get in a settlement. Not a lot, but enough to make a deposit on the next thing.

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2 Answers | Asked in Foreclosure for New York on
Q: My foreclosure cases ended with a discontinued pre-note for Supreme Initial (first time on). What does this mean?
Derek John Soltis
Derek John Soltis answered on May 9, 2018

You should give the complete index an attorney to look up your case and explain where it stands. What you just described does not get to the meat of what is happening.

Pre-Note means the case has been disposed of before the "Note of Issue was filed."

The case may have...
Read more »

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2 Answers | Asked in Foreclosure for New York on
Q: In NYS, is the foreclosing bank or servicer required to pay property taxes during the foreclosure process?
Michael David Siegel
Michael David Siegel answered on May 7, 2018

No. But then the tax lien could be sold or foreclosed.

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2 Answers | Asked in Foreclosure for New York on
Q: Bank sold note with out notifying

My parents obtained a mortgage in 9-2003 from first financial bank and in 11-2004 the bank sold the note to Option One. Parents were not notified. Mortgage was never signed. note went from 312 to 369. parents never questioned the increase and has stopped paying due to being disabled for 5 years... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 27, 2018

Your parents need to sit down with a Foreclosure Defense attorney to go over all of their options. An attorney will need to review all of the documents associated with the suit. There are defenses your parents may have, but if they do not answer the complaint the right way they may wave these... Read more »

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2 Answers | Asked in Foreclosure for New York on
Q: If the house I'm renting is foreclosed on can I stay on as a tenant?
Derek John Soltis
Derek John Soltis answered on Apr 13, 2018

If you have a valid lease, you most likely can stay. But, as with anything there are exceptions. Talk with an attorney about your specific situation.

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2 Answers | Asked in Foreclosure for New York on
Q: My loan is owned by Fannie and serviced by Chase. I applied for Unemployment forbearance with chase, but after 3 mos, my

loan is now with Bayview Financial. Bayview won't pick up

the phone. Even their website is broken so I can't register and send a message. I read online that its hard to talk to someone at Bayview, and they lose documents, and sneakily start the foreclosure process on your home.... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 11, 2018

I understand your frustration. It is hard to get a straight answer when you want one from most loan servicers.

You may want to try different phone numbers and emails if you can find them. The normal ones my firm uses are: customerservice@bayviewloanservicing.com 1.800.457.5105

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2 Answers | Asked in Foreclosure and Probate for New York on
Q: Is filing a quiet title and option?

I am named executor of my deceased parent's estate, however, I have not submitted for probate due to an insolvent estate. There is an underwater house with mortgage that has since gone into default. Loan was sold by Beneficial to a trust via Select Portfolio Services who is the servicer of... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 26, 2018

Your situation is too complex for this forum and requires an in person consultation and a review of all documents. This may require more than one type of attorney.

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1 Answer | Asked in Foreclosure for New York on
Q: If you can show hardship due to medical bills can you avoid a foreclosure?
Michael David Siegel
Michael David Siegel answered on Mar 14, 2018

No. Not being able to pay is not going to help. It may count for something, but you still need to be able to make a regular payment approximating the real payment, were there no default. The Federal giveaways that helped more are over.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Foreclosure for New York on
Q: house in foreclose from my ex spouse who moved out. Who’s responsible for plumbing issues?
Michael David Siegel
Michael David Siegel answered on Mar 13, 2018

The one who needs to use the toilet.

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