Legal Question in Real Estate Law in New York

Foreclosure Time Limit

I have a real estate property that I held the mortgage on for the person that I sold it to, they stop paying me a few years ago. My question is .....

How long is the time period to foreclose on a property?

Is there a deadline or grace period to foreclose on a property if a balance is still owed to me? What can I do?

Thank you for your help.


Asked on 4/18/06, 5:45 pm

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Foreclosure Time Limit

In NY, you have 6 years from the time they defaulted on pymt to sue/foreclose. If you accept a partial pymt or get an acknowledgment in writing that they owe the debt, you start the clock again and get 6 yrs from that point (of partial pymt or acknowledgment).

Since it has been a couple of years since they paid you, you should start a foreclosure action.

I assume you properly filed the mortgage with the county clerk and are in 1st position?

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Answered on 4/18/06, 10:49 pm
Steven Czik CZIK LAW PLLC

Re: Foreclosure Time Limit

There is generally a 6 year statute of limitations from the last payment made on the mortgage, so you probably shouold get your ball rolling pretty soon. 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.

The Soho Building

110 Greene Street, Suite 1102

New York, New York 10012

212.413.4462

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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.

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Answered on 4/21/06, 11:49 am


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