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New York Foreclosures Legal Questions

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105 legal questions have been posted about foreclosures by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include bankruptcy, commercial bankruptcy, and consumer bankruptcy. All topics and other states can be accessed in the dropdowns below.
New York Foreclosures Questions & Legal Answers
Do you have any New York Foreclosures questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 105 previously answered New York Foreclosures questions.
Foreclosures
New York

Recent Legal Answers

I am looking for a lawyer who handles surplus funds or overages from foreclosure auctions

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
I handle these matters for a flat fee of $5000.
I handle these matters for a flat fee of $5000.

I have a question concerning foreclosure from a reverse mortgage.

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
First you need a New York lawyer.  If there are other assets, etc., you need an estate lawyer that knows the foreclosure issues.  As to the house, the determination of what to do will be driven by the equity amount, if any, over what is due.
First you need a New York lawyer.  If there are other assets, etc., you need an estate lawyer that knows the foreclosure issues.  As to the... Read More

i need a lawyer to handle nyc property tax issue from lien sale issue.

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Is it the lien being sold, or the property?  Are you dealing with MTAG or NYC?  Not enough facts here to answer.
Is it the lien being sold, or the property?  Are you dealing with MTAG or NYC?  Not enough facts here to answer.

I hired an attorney for loan modification utilizing a chapter 13 bankruptcy. After the bank contacted me under the stay my attorney put in to be pai

Answered 7 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Unless you were promised a different outcome, you probably signed on to the reinstatement, which in Chapter 13 is what you are supposed to get.  Without knowing more, I am not sure anything was wrong.
Unless you were promised a different outcome, you probably signed on to the reinstatement, which in Chapter 13 is what you are supposed to get. ... Read More

Can a property that has been in foreclosure over two years be placed on the market for sale? Have been going to court that long.

Answered 7 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Not only can it be sold, the bank would love it to be sold.  The issue is the value relative to the amount due.  If there is equity, then a regular listing with any broker can be done ASAP.  If there is no equity, you can do a short sale, or do nothing.
Not only can it be sold, the bank would love it to be sold.  The issue is the value relative to the amount due.  If there is equity, then a... Read More

Do I need to file 1099 form for active foreclosure? No sale date.

Answered 7 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Who are you in the whole deal?  A borrower never files a 1099.
Who are you in the whole deal?  A borrower never files a 1099.

My mother passed away. House underwater. No assets. No "Estate" . No probate. Best to let go to foreclosure?

Answered 7 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Letting it go to foreclosure seems like the right idea.  You will be sued in that case to clear title, but not for money, so you can ignore the foreclosure case when it comes.
Letting it go to foreclosure seems like the right idea.  You will be sued in that case to clear title, but not for money, so you can ignore the... Read More

Am I homeless, if I have a shelter address

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
If you are homeless what is being foreclosed?  Being homeless is not a barrier to any legal claim.
If you are homeless what is being foreclosed?  Being homeless is not a barrier to any legal claim.

I got a call telling me my grandma house is being sold and need my signature to receive 8.000 dollars DON'T TRUST please call me 3476630131 Darlene

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
It could be a legit deal.  There is certain paperwork you would need to see first.
It could be a legit deal.  There is certain paperwork you would need to see first.

Is my mother responsible for paying heloc my father got. My father passed away. My mother never knew about heloc.

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
While you could litigage to challenge the loan, you do not want to risk the house over it.  I think you should pay.  If you are worked up over a $650 fee, which is next to nothing, you would not pay what a full blown quiet title action would cost.
While you could litigage to challenge the loan, you do not want to risk the house over it.  I think you should pay.  If you are worked up... Read More

Would the first mortgage also foreclose even if its current and the 2nd is not?

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
As the first is fully secured, the first will generally wait for the foreclosure by the second to finish and get paid at the end.
As the first is fully secured, the first will generally wait for the foreclosure by the second to finish and get paid at the end.

My lawyer is refusing to give me my bank statements, paystubs, court letters, etc... what can i do

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Lawyers that charge this way are often scammers.  This guy has taken your money and done nothing.  Your only remedy at this point to avoid losing your house is bankruptcy before the auction.  You do not need these documents to do this.  Report this lawyer to the police as a fraud, and file an ethics grievance with the bar.  Ethical lawyers charge by the hour or a flat rate for work they actually do.... Read More
Lawyers that charge this way are often scammers.  This guy has taken your money and done nothing.  Your only remedy at this point to avoid... Read More

Can a Bank lose their right to foreclose on a house in NY after 5 years of no payments?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
You heard wrong.  NY law is that payments must be claimed within six years of default.  So, the statute has not run on any of your payments. Unless the loan is accelerated by the bank, making everything due in one payment (at which time the clock starts on that payment), they only lose one  monthly payment at a time, starting after six years.... Read More
You heard wrong.  NY law is that payments must be claimed within six years of default.  So, the statute has not run on any of your... Read More

I got a notice of default and the bank is asking for 14K in arrears in 10 days

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Foreclosures
It depends where your case is in the process.  If a sale is going to be set, bankruptcy is your likely answer.  A motion to vacate the default is hard to win.  If the default is just in a payment and no case has started, then call the bank and make a payment plan.
It depends where your case is in the process.  If a sale is going to be set, bankruptcy is your likely answer.  A motion to vacate the... Read More

how do i go about recovering extra money from a foreclosure

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
It is called surplus money.  There is only one way to do it.  I have handled many of these cases.
It is called surplus money.  There is only one way to do it.  I have handled many of these cases.

Bank has been trying to foreclose for over 7 years, shouldn't the statute of limitations apply?

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
The statute of limitations applies to the time to file a suit, not the time to finish it.  I am unclear where you are in the process from your post.
The statute of limitations applies to the time to file a suit, not the time to finish it.  I am unclear where you are in the process from your... Read More

I am in tenant in a recently foreclosed property. The new owner has not contacted me. What should I do. The realtor did not disclose pending foreclosu

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
You could sue the realtor in small claims for any fee you paid.  You cannot be evicted if you can show your lease, but the lease is not required to be renewed.  Wait until you are contacted and make a deal with the new owner. 
You could sue the realtor in small claims for any fee you paid.  You cannot be evicted if you can show your lease, but the lease is not required... Read More

Did Citibank overstep its boundaries when i arranged a payment plan with them to get my mortgage reinstated and they referred my account to a law firm

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
If the payment plan is in writing and guaranteed it sounds like two offices do not know what the other is doing.  But, you likely do owe the maintenance advanced by the bank as part of the payment plan if that is how it worked.
If the payment plan is in writing and guaranteed it sounds like two offices do not know what the other is doing.  But, you likely do owe the... Read More

My rental was sold in foreclosure. My landlord is demanding rent while the bank has not contacted me yet. What should I do.

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Foreclosures
Pay rent to no one, but save the money in case you are ordered to pay someone later. 
Pay rent to no one, but save the money in case you are ordered to pay someone later. 

Leasing a house that was foreclosed on; what do I do?

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Unless the lease was recorded, you are not the tenant.  You need to be evicted like any holdover.  Ask the owner to pay to relocate and avoid court.  Otherwise, answer any eviction case.
Unless the lease was recorded, you are not the tenant.  You need to be evicted like any holdover.  Ask the owner to pay to relocate and... Read More

If a county has filed for foreclosure due to unpaid taxes, is there any way I can keep my home?

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
No.  Answer the case to delay the matter.
No.  Answer the case to delay the matter.

Once there is an order of reference is there a way to save your house

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Bankruptcy is one option.  You can still apply for modification, even though the court mandated process is over.
Bankruptcy is one option.  You can still apply for modification, even though the court mandated process is over.

i live in an apartment that was recently put in Notice of Lis Pendens. What should I do? The landlord is now deceased. I dont know who owns the place

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Foreclosures
To whom do you pay rent?  If no one, you will be evicted.  Call the foreclosing attorney to find out the owner.
To whom do you pay rent?  If no one, you will be evicted.  Call the foreclosing attorney to find out the owner.

How can I avoid foreclosure do to back property taxes owed

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
You did not post your county, but call the Receiver in your town and see if a payment plan is possible.  If not, the start of the foreclosure is not the end.
You did not post your county, but call the Receiver in your town and see if a payment plan is possible.  If not, the start of the foreclosure is... Read More

looking for an attorney in Staten Island NY for a Claim for surplus funds after a tax sale

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Surplus money claims are a form like proceeding.  Location is Staten Island is not required.  Any local lawyer who does this is fine.
Surplus money claims are a form like proceeding.  Location is Staten Island is not required.  Any local lawyer who does this is fine.
Foreclosures
New York

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