New York Referee Affirmation Foreclosure Sales

State:
New York
Control #:
NY-QNS-97
Format:
PDF
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Description

Referee Affirmation Foreclosure Sales

New York Referee Affirmation Foreclosure Sales are a type of foreclosure sale that is conducted in New York State. These sales occur when a homeowner has defaulted on their mortgage and the lender has taken action to foreclose on the property. The foreclosure sale is conducted by a court-appointed referee, who is responsible for verifying that the foreclosure is legal and proper. The sale is conducted in an open auction format and is open to the public. The winning bidder is required to pay the full amount of the purchase price at the sale, as well as any applicable fees or taxes. There are two types of New York Referee Affirmation Foreclosure Sales: judicial sales and non-judicial sales. Judicial sales are conducted in a court of law, while non-judicial sales are conducted by the appointed referee outside the court.

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FAQ

Some states have a law that permits foreclosed homeowners to repurchase their home after the foreclosure sale, during what's called the "redemption period;" however, New York isn't one of them. You can redeem the property before the foreclosure sale by paying the loan balance in full.

Some states have a law that permits foreclosed homeowners to repurchase their home after the foreclosure sale, during what's called the "redemption period;" however, New York isn't one of them. You can redeem the property before the foreclosure sale by paying the loan balance in full.

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.

An Order of Reference is a motion filed in a New York Mortgage Foreclosure action along with a request for a default judgment. Among other requested forms of relief the Order of Reference (aka OOR or OREF) formally asks the Court to appoint a Referee to determine the amount due on the mortgaged premises.

(Foreclosure of Real Property) (NY) This affirmation of regularity can be used by the plaintiff in an action for the foreclosure of real property in New York to request that the court appoint a referee to compute the amount due in the action.

It's due in 20 days if you were served in person; 30 days if served by mail. Lender asks court for a judgment without trial and to appoint a Referee to decide the amount you owe and write a report. Both sides come to court to see if they can find a way for you to keep your home and avoid foreclosure.

An affirmation is a statement which is made under penalty of perjury. An affidavit is sworn to before a licensed notary public of the state.

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New York Referee Affirmation Foreclosure Sales