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COVID-19 New York Foreclosure Questions & Answers
2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

Jonathan David Warner
Jonathan David Warner
answered on Aug 25, 2023

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...
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