Legal Question in Real Estate Law in New York

Re: foreclsoure and eviction proceedings

The answer depends on a few facts. 1) What do you mean by "in foreclosure?" A purchase from a referee or a lender after a referee sale is simpler than a pre-sale matter; 2)Where is the property? Court attitude and efficiency vary greatly depending on county or borough; and 3) What is the attitude and ability of the occupants? Prior behavior in the foreclosure will give a sense of how willing and able the occupants are to extend the holdover. Presuming that you are in a line of ownership that includes the referee's deed, your right to possession is nearly absolute (but you meet the formalities of the statutes and caselaw to enforce the right). As a general proposition (based on approx. 10,000 such cases handled for lenders and individuals in the last five years), 120 days from DELIVERY OF a referee's deed TO VACANT POSSESSION would be considered a quality result AS A STATE WIDE AVERAGE. The traps are that up to three Court systems (Civil/District or Justice, Bankruptcy and Supreme) can become involved and introduce delay as can some Court Clerk's offices and Sheriffs. These proceedings are specialized and can be highly formalistic. I urge you to call me (516-780-0270) or some other attorney with foreclosure AND eviction experience.