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Once the property is sold at the public auction to the highest bidder, the original foreclosed owner has no right to satisfy the entire amount owed the lender. Unless the prior foreclosed owner has legal and/or equitable defenses to the foreclosure action, once the sale has occurred, the owner will be without a remedy.
In addition, the law requires the service of a Ninety(90) Day Notice upon a bone fide tenant of the premises. If you are a tenant pursuant to an oral or written lease and are paying rent for the premises, you are entitled to the Ninety (90) day Notice.
A Judgment of Foreclosure and Sale is the last step in a foreclosure litigation Proceeding before a foreclosure auction is scheduled; giving the debtor a ?Consent Judgment of Foreclosure? agreement is a way to move the foreclosure along in a situation where the property owner is not looking for additional time at the ...
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.
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.
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.
You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely or at least delay it. If you have a bit more time on your hands, you can apply for a loan modification or another workout option.
Put your name, address, phone number, loan number, and date on the top of the letter. List the name and address of your lender. information about any money you have saved for a workout agreement. Tell the lender you are working with a foreclosure counselor and include their name and agency.