Queens New York Referee's Deed in Foreclosure

State:
New York
County:
Queens
Control #:
NY-02290
Format:
Word; 
Rich Text
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FAQ

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.

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.

In New York, the pre-foreclosure process lasts at least 120 days. Lenders will send a notice of default to the borrower 30 days after the late payment. Then, state law requires that lenders wait an additional 90 days after the first notice before filing a foreclosure complaint in court.

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.

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.

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.

How to Stop Foreclosure Immediately: 4 Effective Options #1 Loan Modification. A Loan Modification is a change made by the Lender to your existing loan terms, as a result of non-payment.#2 Filing Bankruptcy.#3 Deed in Lieu.#4 Short Sale or Normal Sale.

If you are unable to make your mortgage payment: Don't ignore the problem.Contact your lender as soon as you realize that you have a problem.Open and respond to all mail from your lender.Know your mortgage rights.Understand foreclosure prevention options.Contact a HUD-approved housing counselor.

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.

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Queens New York Referee's Deed in Foreclosure