Legal Question in Appeals and Writs in New York

Foreclosure Appeals Outcome

I purchased a foreclosure home and have evicted the previous home owners. Prior to the closing/eviction, they filed an appeal challenging 1) the foreclosure action and 2) the courts denial of motion to dismiss due to improper service.

If they win the appeal, what are the possible consequences -- will I be forced to give the property back? or will I have to pay them for the value of the house? or will the bank (who I purchased the house from) have to pay them for the value of the property, while I will be able to stay in the house?

Side Note: The bank is defending the appeals.

Thanks!


Asked on 6/02/09, 1:16 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Foreclosure Appeals Outcome

Your question is impossible to answer without reviewing the history of the action. However, if you have a judgment, and the defendant has an appeal pending based upon denial of a motion to dismiss on jurisdictional grounds, a possible outcome of the appeal, if there is a reversal for lack of jurisdiction, would be an order vacating the judgment.

I recommend you retain an attorney to handle the appeal, such as myself.

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Answered on 6/02/09, 9:35 pm


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