Legal Question in Criminal Law in New York

Re: foreclosure

Yes. But first, the mortgage company (creditor) will have to obtain a judgment against the person(s) on the mortgage. This is not a criminal matter. This would be brought in civil court as a foreclosure action first.

Once a judgment is obtained by the creditor, the creditor will seek to enforce or collect upon the judgment. This is usually done by conducting discovery about the assets held by the debtor, such as other real estate, bank accounts, wages, etc. An option of the creditor can be wage garnishment.

However, depending on the circumstances, the debtor is sometimes able to work out a payment plan with the creditor to avoid such a scenario.

Another option of the debtor to avoid paying the mortgage balance is to seek protection under Bankruptcy proceedings. However, this is very fact specific and depends on the financial circumstances of the debtor.

I hope the above helps and good luck!