Legal Question in Real Estate Law in New York

Our house will be going into foreclosure proceedings as I was told by Bank of America. They turned us down for 3 diffrent mortgage loan modification prgrams. The last one being for seniors and seniors with disabilities which my husband has. How long will it take to get a eviction notice from them? If we have no where to go, don't they have to wait until we can go somewhere to live? Do you have any other suggestions for us?


Asked on 6/30/12, 1:52 pm

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Other suggestions: contest the foreclosure. BoA acquire most of its mortgages through the secondary market. Even the loans they originated have been securitized. Make them show you the original note and mortgage....they cannot do so.....and if they don't have the note, they can't foreclose the mortgage.

In general, it's more than a year from the bank's election to accelerate until foreclosure. Less if you ignore the summons. Much more if you are lucky and play the game.

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Answered on 6/30/12, 1:57 pm
Yefim Rubinov Yefim Rubinov Attorney at Law

Contest it. Hire an attorney.

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Answered on 6/30/12, 7:05 pm


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