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Foreclosure Remedies means the taking of any action to enforce or realize upon any Lien, including the institution of any foreclosure proceedings (judicially or non-judicially) or the noticing of any public or private sale pursuant to Article 9 of the UCC, or taking any action to sell or otherwise dispose of (whether ...
The ?statute of limitations? in the State of New York for foreclosure actions, per CPLR 213(4), is a six (6) year statute of limitations that measures the time period starting from the lender's ?acceleration? of the mortgage by an overt and unequivocal act, until the lender actually commences a foreclosure action.
Avoiding Foreclosure (Loss Mitigation) Pay arrears, become current on the loan. ... Work out a period of loan forbearance. ... Loan modification. ... Refinance with another lender. ... Deed in lieu of foreclosure. ... Sell home, negotiate short 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.
New York law provides that a lender has six years to commence a mortgage foreclosure action from the earlier of (i) the date that the lender accelerates the loan based on a borrower default or (ii) the maturity date. The most common default is, of course, a borrower's failure to make timely loan payments.