Legal Question in Real Estate Law in New York

Coop Foreclosure

What are a person's rights concerning a foreclosure of their Coop apartment in New York City?


Asked on 6/20/00, 10:46 pm

1 Answer from Attorneys

Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Coop Foreclosure

Coop foreclosure is rather quick and simple as coops are treated as "personal property" for lien purposes and foreclosed under the uniform commercial code. I am presuming that the foreclosure is a result of a loan default. Upon a default, a secured lender can either send a letter proposing to retain the collateral (stock and lease) or can notice a "commercially reasonable" sale, this is invariably an auction. The purchaser at that sale then has the right to proceed on 10 days notice to seek eviction by serving a petition in the Civil Ct. If you dispute the existence of default, you would have to commence an action and seek a stay on any transfer of your interest.

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Answered on 8/31/00, 8:46 am


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