Legal Question in Real Estate Law in New York
foreclosure
We were just served with foreclosure papers for a house we own in another state. The mortgage is through USDA Rural Development. Is there anything we should do or not do? It says to we are required to answer to the attorney. What should we expect? Is bankruptcy an option?
2 Answers from Attorneys
Re: foreclosure
First and foremost, unless you intend to let the property go you should respond to the foreclosure. I would retain a local attorney to prepare the documentation and see if they can work out a deal. I have done this with other clients who find a buyer for the property at a short sale to cut their losses.
Good Luck!!
Re: foreclosure
The true question is what do you want to do
If you do nothing, the bank will foreclose
by default and take the house. This should
take approximately four to six months
There is generally no deficiency sought in
such proceedings absent active fraud
You may discharge the debt in bankruptcy,
but this really should be done only if the
bank does attempt to assert a deficiency
You may prevent a foreclosure with a bankrupcty
filing but only if you arrange to pay back
all arrears owed