Suffolk New York Referee's Deed in Foreclosure
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How to fill out New York Referee's Deed In Foreclosure?
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FAQ
According to the New York State Comptroller, the average foreclosure case takes about 2.5 years in New York State. In reality, however, the time a foreclosure case takes depends on where you live. In upstate New York, foreclosure cases take about 1.5 years, while cases down state tend to take longer?about 3.5 years.
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.
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.
What Does Right of Redemption Mean? It is the legal right of a borrower or mortgagor who owns the immovable property to reclaim his or her property once certain conditions have been fulfilled.
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.
In an equitable right of redemption, the borrower must pay the full amount owed on the mortgage, including interest and fees. The statutory right of redemption allows borrowers to reclaim their homes after a foreclosure, but only until a certain point.
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.
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.
Even though the property sold, the new owner cannot kick you out on the streets. He must follow all legal steps to remove you. Use this time to secure a new rental unit. You usually have about 30 to 45 days after the auction to vacate the premises.
According to the New York State Comptroller, the average foreclosure case takes about 2.5 years in New York State. In reality, however, the time a foreclosure case takes depends on where you live. In upstate New York, foreclosure cases take about 1.5 years, while cases down state tend to take longer?about 3.5 years.