Kings New York Referee's Deed in Foreclosure

State:
New York
County:
Kings
Control #:
NY-02290
Format:
Word; 
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FAQ

A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.

There are three ways to deliver legal papers to start a case. Personal delivery. The papers are handed to the defendant or respondent.Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed.Conspicuous delivery.

You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.

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. Lender and Referee choose date for auction at the courthouse.

Generally, a receiver or referee is a neutral third party who is appointed to preserve a piece of property and any person's rights in the property pending a judgment in the outstanding litigation.

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

Deed-in-lieu of Foreclosure: Used when the seller has deeded the property to the mortgage lender to avoid foreclosure. Referee's Deed: Used in judicial foreclosures to transfer ownership of the foreclosed property to the. person who bids the highest amount of money at a foreclosure auction.

To file a complaint, you can: Complete our online complaint form, or. Send your complaint by mail by clicking below on the county where the judge holds court. Sending your complaint to the wrong office may delay our response.

Unfortunately New York State does NOT have a right of redemption period post foreclosure sale. 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.

An Order of Reference asks the court to appoint what is called a referee. The referee's job is to determine the full amount you owe the bank. Meanwhile, if the court grants Summary Judgment to the bank, this means that the court determined that a trial is not needed.

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Kings New York Referee's Deed in Foreclosure