QUESTION

Do I have the right of redemption to keep my home in NY, if the FC was not done in 10 years

Asked on Jul 27th, 2017 on Real Estate - New York
More details to this question:
Do I have the right of redemption to keep my home from being foreclosed? Per online research; the Foreclosure Statue of limitations in NY is 6 years. Facts: (1). Mortgage became default 10/01/2007 (2). The lender filed FC (L/P) case on 03/10/2008 (3). The FC (L/P) case was cancelled on 03/27/2013 *****6 years** (4). The lender then filed a new FC (L/P) case on 03/08/16. The current status of the FC process on the public record is a (NOTICE) recorded on 05/04/2017. No judgement order. (5). FYI - Since I wasn't aware of the 2nd filing, until recently. I did not have the opportunity to file a defense for 03/08/16. (6). FYI – The FC is now well over 10 years, dating from 2007 thru 2017. Question: Do I have a chance to keep my home know, due to neglect from Coountrywide Mortgage / US Bank?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
The issue is what happened to the first case.  Was it dismissed or withdrawn.  This is actually a cutting edge issue as many of these old cases come up.  If you have not made any payment since 2007, you have an argument.
Answered on Jul 27th, 2017 at 3:11 PM

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