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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 - Page 2
Do you have any New York Foreclosures questions page 2 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

How can I buy from a bank that is foreclosing from a deceased owner?

Answered 8 years and 11 months ago by attorney Aaron M. Schlossberg   |   1 Answer   |  Legal Topics: Foreclosures
It depends on the circumstances.
It depends on the circumstances.

Should I start foreclosure proceeding.

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
The arrangement you made was somewhat unusual.  Your rights are in the first instance governed by the documents you made.  If you had a lawyer ask that lawyer.  Without reference to the documents a foreclosure is a long process.  However, it is your only leverage to getting paid.  Ultimately an extension is probably your only option, but you should have the deal reviewed to make sure you have the rights you think you have.... Read More
The arrangement you made was somewhat unusual.  Your rights are in the first instance governed by the documents you made.  If you had a... Read More

can i get my home back after it has been sold in a auction

Answered 9 years ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Foreclosures
Too late, unless the buyer will sell it to you.
Too late, unless the buyer will sell it to you.

I Won a forclose case in supreme court,we had already came out of 2nd appellate court. now the attorney is using another address of my clients

Answered 9 years and a month ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Foreclosures
It sounds as though you've been proceeding pro se, yet you make reference to your "clients"- are you an attorney? Definitely need more information here. It also sounds like you are in the middle of an appeal, or a motion for leave to appeal, so I suggest you respond quickly, because the clock is likely ticking on deadlines. ... Read More
It sounds as though you've been proceeding pro se, yet you make reference to your "clients"- are you an attorney? Definitely need more information... Read More

Can a loan servicing company legally foreclose

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Absolutely, that is how it is done.
Absolutely, that is how it is done.

Can I stop a foreclosure for taxes when I cant pay? I am on disability. My taxes increasedsince I bought my mobile home. I did not do improvements on.

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
You cannot.  You can call the tax collector to try to get a payment plan, but you are not guaranteed it.
You cannot.  You can call the tax collector to try to get a payment plan, but you are not guaranteed it.

I am looking for consulting on a bank owned foreclosure

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
It depends on where you are in the process.  If you are leaving due to an eviction after a foreclosure, you get nothing.
It depends on where you are in the process.  If you are leaving due to an eviction after a foreclosure, you get nothing.

How long would I have in my home after my first missed payment this November. I have two small children. Will this affect the amount of time I have in

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Many, many months, but it depends on each county.  Try to call the bank.  They may give you a forebearance or other offer that allows you to keep the home.
Many, many months, but it depends on each county.  Try to call the bank.  They may give you a forebearance or other offer that allows you... Read More

Joint tenant (JTWROS) on mortgage, but not on note. Any liable?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
An 8 year old cannot own property or sign a mortgage.  That was bank fraud.  The son's credit is not effected by the debt since any reporting of this debt against the son is a fraud.  It is such a mess, that before the son pays anything ( I assume he is now majority aged), a title search needs to be done to make sure that the property is owned correctly.  If the father is still alive, he should sell the property to the son for the amount of the mortgage balance, and the son should take a regular mortgage to finance the deal.... Read More
An 8 year old cannot own property or sign a mortgage.  That was bank fraud.  The son's credit is not effected by the debt since any... Read More

How does a private-mortgage holder (individual) foreclose on an LLC that owns a 3-family home

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
The laws are not different for a private lender.  You are going to have to foreclose in the Supreme Court like everyone else.
The laws are not different for a private lender.  You are going to have to foreclose in the Supreme Court like everyone else.

Statute of Limitations / foreclosure

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
You are confusing concepts.  The statute of limitations applies to initiating the suit.  If the sale is under the old suit and a sale was ordered, then it is legal.  If there is a new suit, and no payments were since 2010, then you have an issue.  However, this issue is the subject of great debate, and new law is being made all the time.... Read More
You are confusing concepts.  The statute of limitations applies to initiating the suit.  If the sale is under the old suit and a sale was... Read More

My landlord told me he house was going for a short sale and he told me I had til august 1 to move out..I

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
You can only be forced out by an eviction proceeding in court.  You will lose such a proceeding, but there needs to be one.  Thus, people in your situation look to get a buyout from the landlord, as his sale will not close if you are still in the property.
You can only be forced out by an eviction proceeding in court.  You will lose such a proceeding, but there needs to be one.  Thus, people... Read More

As part of my divorce settlement I was to taken off our home 3 years ago. My ex husband says he took me off title but never took me off the actual

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Your settlement was bad.  You should never have given up title without the refinancing taking you off mortgage.  There is nothing you can do.  You made the deal in the divorce.
Your settlement was bad.  You should never have given up title without the refinancing taking you off mortgage.  There is nothing you can... Read More

I was asked by an investment company if I would sell over the deed to a home I surrendered in bankruptcy court awhile back, is this legal?

Answered 10 years ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Foreclosures
I do not know of any restrictions why you can not do that, as long as the Trustee abandoned the property you should be fine.
I do not know of any restrictions why you can not do that, as long as the Trustee abandoned the property you should be fine.

If the house is in my mom’s name who passed and being foreclosed on, what is my father’s financial obligations?

Answered 10 years and 4 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Foreclosures
if he signed for the mortgage he can be liable for it.
if he signed for the mortgage he can be liable for it.

Can I sue a bank for delay?

Answered 10 years and 4 months ago by attorney Aaron M. Schlossberg   |   1 Answer   |  Legal Topics: Foreclosures
Under certain circumstances absolutely you can.
Under certain circumstances absolutely you can.

Can eviction case be fought in federal court?

Answered 10 years and 5 months ago by attorney Aaron M. Schlossberg   |   1 Answer   |  Legal Topics: Foreclosures
These are good questions to be asking. You may very well be able to continue in federal court. To make determinations here, you should speak with an attorney and discuss with that attorney the specific facts of your case as those facts could impact on the proper direction to proceed.
These are good questions to be asking. You may very well be able to continue in federal court. To make determinations here, you should speak with... Read More

What happens after bank auctions off the house? How?

Answered 10 years and 5 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Foreclosures
Usually, they do not do that in New York.
Usually, they do not do that in New York.

What happens after the bank auctions off the house?

Answered 10 years and 5 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Foreclosures
The house goes to the new owner and you are no loner liable.
The house goes to the new owner and you are no loner liable.

Does a settlement on a second mortgage close it out for good? How?

Answered 10 years and 7 months ago by Patrick William Currin (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Foreclosures
That would be a yes.
That would be a yes.

How can I save my house from foreclosure?

Answered 10 years and 7 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Foreclosures
It does not seem right ask for a disclosure on how they got to that amount.
It does not seem right ask for a disclosure on how they got to that amount.

How much do you have to be behind in payment in land contract before action can be taken?

Answered 11 years and 2 months ago by Jeffrey M. Cook (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Foreclosures
Whatever the terms of default are under the contract. There is no set time by law.
Whatever the terms of default are under the contract. There is no set time by law.

If a foreclosure is dismissed, does that mean home owner has a clear title (there are no other liens, just the mortgage)?

Answered 11 years and 7 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Foreclosures
No they can file again the title is not clear.
No they can file again the title is not clear.

if a mortgage company buys a mortgage from another company can they legally try and collect the original amount? or just what they paid for the note.

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
They may pursue the entire debt, so long as there is no champerty or maintenance.
They may pursue the entire debt, so long as there is no champerty or maintenance.

My mother's home is being foreclosed. She has a reverse mortgage, but no longer lives there.

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
Look at the language of the mortgage. Most reverse mortgages will not require any additional payments after house is vacated.
Look at the language of the mortgage. Most reverse mortgages will not require any additional payments after house is vacated.
Foreclosures
New York

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