Judgment Note Form For Foreclosure In Nassau
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Public records 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.
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.
"Summary judgment" is a judgment in favor of the foreclosing party (called the "bank" in this article) after a borrower formally responds to a foreclosure lawsuit, but the response doesn't raise any valid issues or defenses. Once the bank gets summary judgment, it can proceed with a foreclosure sale.
However, if the case ends upon the entry of the foreclosure judgment, the homeowner will need to start a new action or ask the court to reopen the foreclosure case. Trying to set aside a sale after a non-judicial foreclosure, by contrast, almost always involves filing a new lawsuit.
What Is a Foreclosure Judgment? A foreclosure judgment is issued by a court. It formally grants the lender permission to foreclose on a property. A court will issue a foreclosure judgment after the lender wins its foreclosure lawsuit against the borrower.
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.
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
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.
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.
You must file the Answer with the Clerk of Courts. Your Answer is due 28 calendar days after you got the Summons and Complaint by Once foreclosure case is filed against you in court, you are a defendant in the lawsuit and will receive a copy of the complaint. You have 28 days to respond.
