Legal Question in Real Estate Law in New York
Foreclosure
We are relocating outside the country and the property my husband owned can't sell. He has no means of paying it anymore. We have separate bank accounts,I have savings on retirement and mutual funds that I incur since I was single. They are not joint. If my husband put up his property on foreclosure, how will I be affected. Can the bank put up a lien on my Retirement account and mutual funds?
2 Answers from Attorneys
Re: Foreclosure
Ms Palazzo has a good suggestion, "deed in lieu of foreclosure" would prevent a judgment against your husband but if there is equity or even if not, there may be several viable options to look into where a better result could be obtained. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Law Offices of
STEVEN J. CZIK, P.C.
101 Avenue of the Americas, 15th Floor
New York, New York 10013
212.413.4462
The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.
Re: Foreclosure
If the property is in your husband's sole name and your accounts are in your sole name they can not touch them (retirement acct protected either way).
BUT, tell your husband not to abandon the property, he should do a "deed in lieu of foreclosure" (give the house back) and they must agree to absorb any losses. This way, there will be no money judgment against your husband and nothing to worry about.
(This is assuming your husband has no equity cause he will lose that too.)
If you need assistance, feel free to contact my office.