New York Foreclosure Rights and Process
If you’re several months past due on your mortgage and possibly facing the threat of foreclosure, many lenders will have you believe that you have absolutely no New York foreclosure rights or defenses, and that the New York foreclosure process will inevitably proceed against your property.
Many banks will say that by virtue of you defaulting on your mortgage loan, under New York housing foreclosure, you are certain to lose your home, unless you reinstate your loan. While homeowners do have the contractual obligation to remain current on their mortgage payments, there are certain due processes that you are entitled to when facing a New York housing foreclosure.
- Foreclosure Notices –One of your several New York foreclosure rights is that your mortgage lender must give you a ninety day notice before initiating certain actions. Sections 1303 and 1304 of New York State Real Property Actions and Proceedings Law (RPAPL § 1303 and RPAPL § 1304)
- Mandatory Foreclosure Settlement Conferences– New York is one of the few states in which under the New York foreclosure process, the homeowner is entitled to a settlement conference before a Judge, Special Referee or Judicial Hearing Officer, during which you will be able to negotiate directly with the mortgage lender in an attempt to reach an agreement and avoid foreclosure.Section 3408 (CPLR § 3408) of the New York State Practice Law and Rules.
- Proof of Note Ownership– Upon judicial request, banks may be required to prove that they in fact own your mortgage note, before they can proceed with New York housing foreclosure. In a scenario where the loan has transferred from one servicer to another since the origination of the loan, lenders may also be required to prove proper assignments.
Even if foreclosure isn’t knocking on your door yet, it’s best to think about protecting your New York foreclosure rights and making sure that banks abide by the New York foreclosure process early on.
Know this, failure to Answer a certain legal document or assert a specific defense may result in you waiving one of your New York foreclosure rights.
At Petroff Amshen LLP, we help ensure that your New York foreclosure rights as a homeowner are protected and we will explore every possible defense and remedy available to protect your property against theNew York foreclosure process.
We investigate your mortgage loan and foreclosure paperwork to ensure that your lender hasprovided you will all required notices, properly filed their documents, and actually has standing to sue in accordance with New York housing foreclosure laws.
Attorneys from Petroff Amshen LLP appear regularly in CPLR § 3408 conferences and obtained hundreds of mortgage modifications for our clients. Call Petroff Amshen LLP for your confidential consultation.