Chattel Mortgage Form Foreclose In Bronx
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FAQ
Unfortunately New York State does NOT have a right of redemption period post foreclosure sale. Once the property is sold at the public auction to the highest bidder, the original foreclosed owner has no right to satisfy the entire amount owed the lender.
In most states, lenders may pursue one or more remedies simultaneously. In New York, however, the “one action rule” prevents lenders from pursuing multiple actions simultaneously.
During the 5 week notice period, the homeowner can stop the foreclosure by making-up all missed payments (including late fees and attorney costs) or working with an attorney to stop the foreclosure process. The only time it is too late to stop a foreclosure is when the property is sold at auction to a new party.
action rule typically requires a lender to complete a judicial or nonjudicial foreclosure on the real property collateral before it can obtain a deficiency judgment against the borrower or take other action to collect against a borrower's assets.
It takes at least 6 to 8 months for a fore- closure lawsuit to go from summons and complaint to auction — even if you ignore the court case. In reality, however, the process is taking much longer. If you file an Answer and appear at the mandatory settlement conference, it is taking lenders 1 to 3 years to foreclose.
Kathy Hochul signed into law the Foreclosure Abuse Prevention Act (the “Act”), which will hinder lenders and servicers' ability to foreclose on New York homeowners. The Act makes the six-year statute of limitation to foreclosure a hard-and-fast rule with exceptionally little workaround.
The new law does not disturb New York's six-year statute of limitations on mortgage foreclosure actions. It simply restores a common-sense principle: no party may unilaterally stop and restart the statute of limitations to revive what would otherwise be a time-barred action.
New York is a judicial foreclosure state, which means that the lender has to sue the borrower in order to enforce their rights under the mortgage and note. If the lender wins the lawsuit, it obtains a judgment from the court, which allows the lender to sell the property at an auction.
At the settlement conference, the parties will discuss different methods of how to stop the foreclosure proceedings. These methods will include paying the back due amounts all at once, setting up a payment plan, selling the home quickly in a short sale, utilizing a deed in lieu of foreclosure, and many other options.
