Legal Question in Landlord & Tenant Law in New York

Tenant being evicted from house rental foreclosed by Mortgage company

I live in an apartment in a house that has recently been foreclosed by the bank. They are asking me to except $750 in cash for leaving my apartment in two weeks. I have 2 children and am on Jiggets. I have been trying to find another apartment but it's hard with the limited funds I have. The Real Estate company handling the deal for the mortgage company says if I don't except the money they will start eviction proceedings. I am willing to do what I have to find an apartment but I need time to do so what can I do and how much time do I have before they kick me and my family out. I'm desperate for your help. Thank you.


Asked on 4/30/03, 8:12 pm

2 Answers from Attorneys
Mitchell Drucker Law Office of Mitchell S. Drucker

Re: Tenant being evicted from house rental foreclosed by Mortgage company

It seems to me that 2 weeks is an insufficient amount of time to require you to move out. To be sure, it would take the bank much longer than this to have you removed, assuming they can overcome any defenses to the eviction that you might have.

It is very important that you do not ignore any legal papers given to you, as you may be deemed to have waived your rights and a default judgment may be entered against you. You should consult with an attorney.

Depending upon the particular circumstances of your matter, you may have numerous defenses to the eviction.

-- Mitchell S. Drucker, Esq.

This information is provided for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication.

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Answered on 5/09/03, 9:36 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Tenant being evicted from house rental foreclosed by Mortgage company

Once they start eviction it is up to the Judge to determine how much time (s)he'll give you. If you are served w/ eviction papers make sure you show up in court and explain to the Judge. If (s)he sees you are making a good faith effort to find a place, he/she will prob give you sufficient time to relocate.

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Answered on 5/01/03, 11:24 pm


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