The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
New York Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust
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How to fill out Petition To Enjoin Foreclosure Sale And Seeking Ascertainment Of Amount Owed On Note And Deed Of Trust?
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FAQ
After the Judge signs a judgment of foreclosure and sale, your home will be sold by the Referee at an auction sale at the courthouse to the highest bidder. The plaintiff puts a notice about the auction in a newspaper at least 30 days before the auction date.
After a foreclosure sale, federal law says that the new owner or the bank must give you a written 90 day notice to move out before starting a case to evict you in Court, even if you don't have a lease.
The foreclosure auction During the final step in New York's foreclosure process, the foreclosed property is put on sale at a public auction, usually held at the County Courthouse. Anyone can bid on the property and it is always sold to the highest bidder.
Selling a House if It's in Foreclosure in New York A homeowner can sell their home rather than go through the foreclosure process, including through a realtor. Unfortunately, this route might take more time than you have. Still, you can put your house on the real estate market to see how quickly you can sell it.
New York requires a pre-foreclosure notice at least 90 days before starting legal action against a borrower. The notice informs you that you have overdue payments and seeks arrangements for you to make those payments.
How to Save My House From Foreclosure Auction Filing for Bankruptcy. ... Apply for Loan Modification. ... Request a Deed in Lieu. ... Attempt to Make a Short Sale. ... Paying Off Your Mortgage. ... Negotiate With Your Mortgage Lender. ... Buying At Auction. ... Sue Your Lender.
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.