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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 4
Do you have any New York Foreclosures questions page 4 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

My mother in law has not paid her mortgage or taxes in 5 years can she still have her home?

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
You do not have to pay rent, but you are at risk of being evicted.  Contact the bank's attorneys on the papers you got.
You do not have to pay rent, but you are at risk of being evicted.  Contact the bank's attorneys on the papers you got.

i was in a modification and then my home we in to forecloser and no in wellsfargo is returning any of my calls and if i do speak to then i get the rnt

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Welcome to the club.  Modification has become a very random process.  You need to stick with it to get it to work.  The foreclosure is in large part separate.  You need to answer the case and keep up with the court dates.  Otherwise, the foreclosure will come to a head too quickly.  Finally, NY State courts now have mandatory modification conferences.  Do these.  It will slow the case, and give you one more crack at getting a deal on modification.... Read More
Welcome to the club.  Modification has become a very random process.  You need to stick with it to get it to work.  The foreclosure is... Read More

i WAS JUST APPROVED FOR A DEED IN LIEU DO I NEED A REAL ESTATE ATTORNEY OR TAX LAWYER

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Not as a legal requirement, but for a few hundred dollars, it would not hurt to have someone look over the deal.
Not as a legal requirement, but for a few hundred dollars, it would not hurt to have someone look over the deal.

Can my social security and pension be garnished if I live Long Island NY?

Answered 12 years and 11 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Foreclosures
No.
No.

What is the point of requesting short sale?

Answered 12 years and 11 months ago by Erven T. Nelson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Foreclosures
A short will be much better on your credit report than a foreclosure, affecting the availability of credit in the future. Why not do a short sale? You can hire a real estate agent who does all of the work and it should cost you nothing. I can give you the names of some good agents.
A short will be much better on your credit report than a foreclosure, affecting the availability of credit in the future. Why not do a short sale? ... Read More

Do I have a chance to refile my answer on a summary judgment?

Answered 13 years ago by Erven T. Nelson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Foreclosures
You need a good bankruptcy lawyer to look everything over. If the federal judge erred, you could appeal or ask the court to reconsider its ruling in light of the bankruptcy.
You need a good bankruptcy lawyer to look everything over. If the federal judge erred, you could appeal or ask the court to reconsider its ruling in... Read More

what are my rights as a tenant when home is in process of being foreclosed on?

Answered 13 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Contact the foreclosing bank.  You may need to pay rent to them instead of the landlord, in exchange for them recognizing your tenancy.  Save these papers.  You can probably stop paying rent.
Contact the foreclosing bank.  You may need to pay rent to them instead of the landlord, in exchange for them recognizing your tenancy. ... Read More

loan modification

Answered 13 years ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
The answers to both of your questions are "No." The bank must provide the statement annualy as its title implies.  It has nothing to do with tax filing time, necessarily.
The answers to both of your questions are "No." The bank must provide the statement annualy as its title implies.  It has nothing to do with tax... Read More

As a buyer of a commercial foreclosure, will I get ownership of all of the structures on the real estate

Answered 13 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
Simple answer: Yes. (The structure only, not the business or anything within).
Simple answer: Yes. (The structure only, not the business or anything within).

Deficieny Judgements in New York Stae

Answered 13 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
It will be a business decision on their part depending on the likelihood of recovery. They have 90 days after sale to commence the action.
It will be a business decision on their part depending on the likelihood of recovery. They have 90 days after sale to commence the action.

I had pergormed a mortgage loanmodification in JUne 2010 and have been compliant. I had received notification from State Supreme Court of a pending

Answered 13 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
Yes, but only if you were current on all of your obligations throughout.
Yes, but only if you were current on all of your obligations throughout.

My house is going to go up for auction march 5 for tax lien forclosure ,no one was willing to work a arrangement

Answered 13 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
YOu will have another opportunity to work something out with the successful bidder and ultimate purchaser of the lien at auction.  You may even wish to attend to get a head start in discussions and so that you will know exactly how much money is spent that the purchaser will be looking to recover and make a modest profit on.... Read More
YOu will have another opportunity to work something out with the successful bidder and ultimate purchaser of the lien at auction.  You may even... Read More

i am in a foreclosure action, through research .

Answered 13 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
No, I don't think that will be sufficient.  There may certainly be other irregularities and the Summons and Complaint should be reviewed by a qualified attorney.
No, I don't think that will be sufficient.  There may certainly be other irregularities and the Summons and Complaint should be reviewed by a... Read More

Can my lender threaten to foreclose on my home if I do not pay?

Answered 13 years and a month ago by attorney David E. Frank   |   8 Answers   |  Legal Topics: Foreclosures
Normally, yes. Most loans obligate the borrower to keep the property taxes and insurance paid current.
Normally, yes. Most loans obligate the borrower to keep the property taxes and insurance paid current.

What happens if I buy a home at an auction that has a mortgage?

Answered 13 years and a month ago by Erven T. Nelson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Foreclosures
This is a very technical, evolving area of law. If the HOA was established before the mortgage was recorded, the HOA's lien takes precedence over the mortgage up to 9 months worth of delinquent HOA payments. The State of Nevada has taken the position that costs of collection by the HOA (attorney's fees, costs of foreclosure, interest, late fees, etc.) are not included in the lien. Many HOA's take the opposite position. The issue is before the Nevada Supreme Court right now, and we are waiting or a decision. You can establish that the mortgage was foreclosed (wiped out) only through filing a lawsuit called a quiet title action in Nevada court. You won't be able to get title insurance without a court order in your favor. But, it is possible to prevail in court if the foreclosure was handled properly. I am handling a quiet title action right now, and there are a few lawyers in Las Vegas who know what to do in this situation.... Read More
This is a very technical, evolving area of law. If the HOA was established before the mortgage was recorded, the HOA's lien takes precedence over... Read More

Will getting married affect the loan modification?

Answered 13 years and 2 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Foreclosures
There is no way to guess at the answer because the lender has the discretion regarding a loan modification.
There is no way to guess at the answer because the lender has the discretion regarding a loan modification.

Can a mortgage company modify a loan without both borrowers consent?

Answered 13 years and 2 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Foreclosures
Most times no. The loan is a contract that requires all parties to agree to change. Both borrowers are usually needed to sign off on a modification.
Most times no. The loan is a contract that requires all parties to agree to change. Both borrowers are usually needed to sign off on a modification.

If I call them to speak with them about payments, will they allow me to do this or will they force me to refinance or leave?

Answered 13 years and 2 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Foreclosures
Each state has different laws, therefore you need to talk to a foreclosure attorney licensed to practice in the state where the property is located.
Each state has different laws, therefore you need to talk to a foreclosure attorney licensed to practice in the state where the property is located.

What can I do about Bank foreclosure sales in NY?

Answered 13 years and 2 months ago by Theodore L. Araujo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
This is known as a deficiency. The banks have 90 days to sue for the deficiency. I cannot comment on your matter, but it is rare for the bank to go after the deficiency unless the debtor has other real property assets. You can file bankruptcy to get rid of the liability.
This is known as a deficiency. The banks have 90 days to sue for the deficiency. I cannot comment on your matter, but it is rare for the bank to go... Read More

if you 20 days to answer a foreclosure it day of it post or filed

Answered 13 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Foreclosures
Get a lawyer.  The answer is filed.  Get an extension if you need more time.  I answer these kinds of cases for $500.
Get a lawyer.  The answer is filed.  Get an extension if you need more time.  I answer these kinds of cases for $500.

Can the association deny me access to my building for not paying the fees?

Answered 13 years and 5 months ago by Bijal Mahesh Jani (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Owning a property with a HOA is subject to a contractual relationship between the unit owners and the HOA. Unit owners paying the monthly fees is part of the obligation. If have not paid the monthly fees in 3 years, the HOA may be exercising its rights. You should review the Bylaws/Regulations for details on what the HOA can and cannot do.... Read More
Owning a property with a HOA is subject to a contractual relationship between the unit owners and the HOA. Unit owners paying the monthly fees is... Read More

Who should we contact to delay our hearing as we are searching for a pro bono lawyer to help us with our case as there are many discrepancies.

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
Contact your local bar association.
Contact your local bar association.

Is there a way to purchase a home that went for auction and the bank purchased before the bank puts in to a real estate company

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
Yes.  Try to get contact information from the lawyer or the auctioneer from the bank's "REO" department.
Yes.  Try to get contact information from the lawyer or the auctioneer from the bank's "REO" department.

my landlord died 4 yrs ago. Family handed over house for eventual foreclosure. I came home today and found a letter addressed to occupant

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
You have every right to continue occupying until you are legally evicted.  The sale would have to be subject to your occupancy.
You have every right to continue occupying until you are legally evicted.  The sale would have to be subject to your occupancy.

I have been living in my house for 4 years know without paying the mortgage, it is up for short sale how long before they forclose if no offers?

Answered 13 years and 7 months ago by attorney Mitchell A. Nathanson   |   1 Answer   |  Legal Topics: Foreclosures
The answer depends on what stage of the foreclosure they are up to and which bank and which county. A bankruptcy WILL delay, but only if timed correctly. Please visit my website www.nathansonlaw.com for more information.
The answer depends on what stage of the foreclosure they are up to and which bank and which county. A bankruptcy WILL delay, but only if timed... Read More
Foreclosures
New York

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