We help you to get through this most difficult of circumstances.
Oftentimes when a homeowners receives a foreclosure notice it freezes them into inaction. This is the worst possible response to this type of notice. The first step you should take when receiving a foreclosure notice is to contact a New York foreclosure attorney to ensure your rights are protected.
FORECLOSURE RIGHTS UNDER NEW YORK LAW
When the homeowner receives a notice of foreclosure, the first thing one must do is answer the complaint. Typically, a foreclosure complaint will be served to the homeowner personally, which means an answer may be required in as few as 20 days.
Homeowners are entitled to a foreclosure settlement conference by law. This is a result of changes to recent laws and impacts all mortgages taken on property in New York. In many cases, homeowners are able to modify their home loan and get back on track by making payments. These modifications are supervised by the courts.
A foreclosure complaint, when issued by a lender, explains the claim against you including the fact that you have failed to pay your mortgage. However, with all current foreclosures, banks must prove they actually own your home loan and if they have purchased it from another lender, they must prove the claim of title. Banks are also required to follow specific pre-foreclosure notice requirements as set forth by New York law. In all cases, the lender must provide the homeowner at least 90 days’ notice before they may file a complaint for foreclosure.
DOCUMENTS LENDERS MUST PROVIDE
Lenders must be able to show that they actually own the mortgage on which they are foreclosing. With the number of “robo-signed” transfers that have taken place in recent years, this may be difficult for many banks to accomplish. The first thing our firm would do upon your receiving a notification a foreclosure is respond to the complaint with an answer that includes a request for the lender to provide such documents. In the event a lender is unable to provide positive proof they own your mortgage note it will be unable to proceed with foreclosure.
WHAT ELSE YOU NEED TO KNOW ABOUT FORECLOSURES
New York law does not allow homeowners to “redeem” their properties after foreclosure. However, homeowners may be liable for deficiencies if the home is sold for less than the amount owed or market value. If you do lose your home to foreclosure, the new owner of the home must give you a 10-day written notice to vacate the property.
If you are facing foreclosure, you do have options. However it is imperative that you speak with an attorney who understands New York foreclosure laws, your rights, as well as what is known as affirmative defenses to foreclosure.
If you have been notified by your lender of their intention to begin foreclosure proceedings, contact Solomon Richman, P.C. at (516) 437-6443 to schedule a consultation. We have an experienced team of New York foreclosure attorneys who are more than willing to work with you through the entire process. We understand the foreclosure process is confusing and stressful, and we will do everything in our power to save your home from foreclosure.