Legal Question in Real Estate Law in New York

foreclouser sale

Does a Mortgage company or their attorney need to notify you of the sale date if you house is being sold in foreclosure?


Asked on 10/06/04, 12:27 pm

3 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: foreclouser sale

Yes. And, Foreclosure sale dates, must be Published in a "local" newspaper.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/06/04, 7:41 pm
Kevin Connolly Kevin J. Connolly

Re: foreclouser sale

If "your house" is one that you own, then the answer is "yes, but only if you appeared in the action." If you were served with the summons and complaint and you (like most people) simply ignored it, then no, by failing to appear in the action, you gave up your right to be notified of the sale.

If the sale is taking place without notice to you AND you were never notified of the foreclosure lawsuit, you might be able to delay the inevitable (if you don't pay the mortgage, you can't keep the house) but to what end? And do you have the legal knowledge to make the motion to vacate the judgment? Do you have a legal excuse for not appearing in the lawsuit and do you have a defense? If you can't answer these questions in the affirmative, then you're just spinning your wheels.

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Answered on 10/06/04, 1:11 pm
Walter LeVine Walter D. LeVine, Esq.

Re: foreclouser sale

I concur with Kevin, but add that you should receive notice as the sale starts the running of the date by which any redemption rights commence.

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Answered on 10/06/04, 1:38 pm


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