Foreclosures Legal Questions

Then your best bet is to look for a property elsewhere if the owner won't "go quietly" unless you have the expense and exposure built into the purchase price. Not sure why you are asking about "redemption rules" unless you actually expect the owner/occupant to pay off the mortaage out of the blue.... 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 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

THIS is whathappens with self lawyering. YOu SHOULD have had a real estate lawyer handle the purchase transaction, which would have prevented the issue, and then the minute a lawyer was involved for the HOA rentained a real estate lawyer to address that issue, again to keep things under control with good decision making. You need to hire a lawyer ASAP to adress this and try to get this issued resolved. ... Read More

Generally yes, they can foreclose. Not sure how "the community" is outraged when the HOA  board is elected by the community and often have to vote on the raising of HOA dues. This needs to be addressed at a board meeting and those that are "outraged" may want to bind together to hire a collective lawyer to address the issue and defer the expense. ... Read More

It would be hard to sell the house without a clear priority among liens. There are some ways of managing it which an experienced real estate lawyer could tell you. Any buyer might not be patient enough to wait for the untangling. I don't see the consistency between your saying that the house sale should net some surplus, and your saying that the sale would be 'short.'... Read More

"I screwed up a payment for June and was immediately placed in Foreclosure"........THAT we know did not actually happen. Such a statement indiates there is MUCH more to this story than related and it will require a lawyer to get accruate facts directly to give you proper remedies and guidance. You will simply need to invest several thousand dollar in a retainer for a legitimate lawyer to intervene and address this issue and get this solved. ... Read More

We may be able to help. We are experienced foreclosure defense attorneys who deal in mortgage work outs regularly. However, it sounds as if time is of the essence. I would urge you to contact my offices today so we can discuss this matter and plan next steps accordingly.  Our number is 203.870.6700... Read More

Nothing like waiting untl the last minute. The answer is who knows and you wil only find out once you hire the lawyer to review the case. Practically, you should have no illusions that a lawyer hired one week notice is going to do anything miraculous, under the old adage of "lack of preparation on your part does not make an emergency on the part of others."... Read More

The standard answer is to go to the hearing.   Absence only leads to unknown and potentially bad results.  You should bring all relevant documentation about the transfer of ownership.  However, it does seem that your conduct was the source of the violation, so the transfer may be of no effect for the violations or the related ruling at the hearing. An inquiry may be in order to the Village attorney to send the documentation prior to court with a question then asked as to liability.  If you are told "not to worry" or that the case will be dismissed, a  written confirmation of this should be quickly sent with a copy kept by you.  If this is not the result, it merely confirms the need to appear. An answer to this question of liability should be answerable by a local attorney that handles ordiance violations and similar cases.  The local referral program at your county bar association is a good place to start.  The attorney can also be asked the fee for contacting the Village and forwarding the materials and/or appearing at the hearing.... Read More