Legal Question in Administrative Law in New York

A property that adjoins mine is being sued by a National Bank for non payment of mortgage. In other words, a foreclosure. The property in foreclosure is not being maintained because the owner is senile and in a nursing home; a guardian has been assigned for the owner. The problem is that the property is causing damage to my property and there is no one to hold accountable. The guardian claims that there is no money in the estate and that it all goes to the nursing home. The bank claims that they are not responsible for maintenance because they do not own the property. The judge in the foreclosure procedure has put the lawsuit on hold until further notice for some unknown reason. it has been over 2 years and I would like this foreclosure to move forward so that I have an owner with the financial means to fix the problem. Is there some way that I as a citizen can contact the judge and explain how holding up the foreclosure is negatively impacting my property? What can I do about this?


Asked on 6/14/11, 6:45 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You should have your attorney draw up papers by an "Order to Show Cause" against the guardian and the bank to make your position clear and ask for the reasonable immediate relief that you are entitled to. "Unknown Reason" can be rectified by your attorney explaining to you why the process is being held up; and why it is apparently outside everyone's control. This simply makes no sense.

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Answered on 6/14/11, 8:47 am


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