Judgment Lien Foreclosure In Nassau
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On December 30, 2022, New York Gov. 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.
With a mortgage foreclosure, a ucc lien can survive. So it is a mortgage foreclosure, yes.
Throughout the foreclosure process, various legal notices must be filed in your County Recorder's Office. This information is public record and available to anyone. Just visit your county's office and you can search for a Notice of Default (NOD), lis pendens or Notice of Sale.
Here's a step-by-step guide for how to do it right. Find an experienced real estate agent. Get a preapproval letter. Determine how much to offer. Bid higher if other foreclosures are selling quickly. Be prepared for “as-is” condition.
Following a first mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title. However, the second mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.
Pursuant to RPL §339-z, a inium association's lien for unpaid common charges takes priority over all other liens, except for (i) real estate taxes including applicable school and special district taxes; (ii) sums unpaid on a first mortgage of record; and (iii) sums on a subordinate mortgage of record by certain ...
You can check with the county auditor or recorder or clerk's office to see if there has been a notice of default filed or a lis pendens if it is going to be a judicial foreclosure. If the lender is serious about foreclosing, they must do this first.
Following a first mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title. However, the second mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.
Missed Mortgage Payments If you have fallen behind 1 to 2 months in payment, the mortgage holder will tell you that they will start the foreclosure process for your home. You will get a 90 Day Pre-Foreclosure Notice in the mail. You will have a chance to get help and try to recover before a court case is started.
For Residential Cases. Lender must mail you information on getting help at least 90 days before starting a court case. Lender asks court for a judgment on default and to appoint a Referee to decide the amount you owe and write a report. Lender asks court to accept the Referee's findings. Judge orders sale of your home.
