Get free answers to your Foreclosure legal questions from lawyers in your area.
I filed chapter 13 and surrendered the house.
In NY. Not listed for sale on any REO sites. I’m assuming it wasn’t sold at second auction in June 2017.
answered on Jan 11, 2018
You do not need to pay. Property tax is against the property, not the person.
answered on Dec 29, 2017
Contact the lender to review your options. Part of the issue will turn on what you want to happen.
bought a property from a tax forclosure auction.the former owner is still on it what form will i need to start the process
answered on Dec 27, 2017
It is not a "form", but you need to bring a regular holdover proceeding.
Tax is 128, maintance is 256.
Bronx 10467
answered on Dec 5, 2017
You should not buy if the finances are bad. It may undermine re-sale value, and cause services to suffer.
How would I proceed regarding a property Deed that was signed over to me via power of attorney. The property was originally between a mother and son, the mother signed deed over to me and which I submitted into the CC office for recording (received verification letter for the recording from CC... View More 
answered on Nov 18, 2017
Bring your deed and the verification letter to an attorney to review. You are looking to bring a quiet title action.
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal... View More
My mother is the executor. She has been handling the probate process with a lawyer from Upstate NY. In the meantime, bills have been accruing since May. The mortgage was in good standing when my aunt died. Since I will get 1/3 the house value am I in danger of losing my part of inheritance if... View More
answered on Nov 13, 2017
Yes, the mortgage must be paid. However, you have two issues. One, I do not know if you have a lawyer, but letters should be issued by now. You can get preliminary letters if you need to sell the house more ASAP. After all, Winter is coming and someone must take care of it. Two, you can reach... View More
And if you do will there be any legal repercussions? And if you are in foreclosure and the bank didn't know about the 2nd heir, how does that affect things?
answered on Nov 7, 2017
There are two unrelated issues. One is the foreclosure, and the other is the Surrogate. Whether an update is needed or more of an issue, both matters need to be reviewed by an attorney. One issue is why it was omitted in the first place.
I live in New York and a property near me has been vacant for many years, at least 6. I found the husband of the previous owners who has no contact with the EX wife and he said the bank ordered them to vacate and not return. The bank basically stonewalled me, but eventually told me they have no... View More
answered on Nov 1, 2017
Based on your post, the title owner is going to have to sign a deed. If title is in the name of the ex-wife alone, you are going to have to find her. Anyone can be found.
answered on Oct 28, 2017
Normally a date is set by the court. In New York, the court assigns a referee to commute the interest and advertise the sale. The referee also conducts the sale.
In New Jersey the sheriff of the county conducts the sale, but the property is also advertised prior to the sale. For more... View More
A modification was denied before. We have more income now.
answered on Oct 21, 2017
Yes. You are moving along the process. You also have a bankruptcy option.
Even if the court documents did not say she had to do so. She had sole occupancy of our home until the terms of the agreement ended and would not go through with a modification because my name had to be on it.
She did not pay any mortgage payments after I was out of the house, despite my... View More
answered on Oct 5, 2017
You need to make a motion in the matrimonial court to amend the decree. However, I would just let it go.
answered on Sep 23, 2017
Hello, what paperwork did the attorney ignore and what are you trying to do? It sounds like you need to speak to another attorney if yours does not have a plan.
He did this without my knowlege while living together. Is there any possible way for me not to be responsible for this equity loan? We were married for 28 years; I have lived & supported myself for the last 9 years. I will divorce him, give him full title to the deed, anything so I am no longer... View More
answered on Sep 23, 2017
If you did not sign the loan, you are not liable for it. Walk away from the house.
Attorney ignored my loan modification paperwork. I live in NY
answered on Sep 23, 2017
No, you do not own your home. You should have filed for bankruptcy beforehand.
A senior citizen whom I voluntarily care for from time-to-time, is listed under the protective community guardian program in New York City. She owns and lives in a Manhattan-based co-op appartment, which is fully owned. She has no living family members nor relatives, and has never setup a legal... View More
answered on Sep 20, 2017
She needs to have a typewritten will created. It needs to be signed by two witnesses other than yourself if you are to be the only beneficiary.
Believe it or not this not that uncommon of a situation. If she has no other living relatives the process should be fairly straight forward.
How do I go about making an offer on the house?
answered on Sep 20, 2017
You would need to find out who the heirs to the estate of the person who died. You would make an offer to them.
Do we have any legal rights to this property ? We have paid thousands in rent and landlord has not paid any payments to bank ? Is there anything we can do since 1 he rented to us under false pretense and hasn't been paying the note?
answered on Sep 19, 2017
Notify the bank, if you know who it is. Tell the landlord you are going to escrow the rent, until it is determined who should get it. You cannot be evicted if you have a lease.
As the defendant, we just filed a motion to reargue based on plaintiffs recent filing of notice of summary judgment in their favor. We have what I believe are extreme questions of fact that the judge erroneously overlooked. It is my understanding that plaintiff now has 30 days to file opposition to... View More
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answered on Sep 8, 2017
Hire an attorney.
The statute of limitations to foreclose in new york is 6 years from a triggering event. As far as I know, courts have agreed that a lender's acceleration of the debt constitutes a triggering event. Bankruptcy also accelerates the debt ( “Bankruptcy operates as the acceleration of the... View More
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answered on Sep 6, 2017
You are totally confused. Filing Bankruptcy stops foreclosure unless the Lender makes a successful motion to vacate the automatic stay. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly... View More
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