Legal Question in Real Estate Law in New York

a man,suffering from an undiagnosed advanced case of neuroborreliosis (Lymes in the brain) went crazy and when his wife died ( and her pension ended), he also quit working and thus stopped paying the small home equity loan on his house and 20 acres. after owing less than $10,000 the bank began foreclosure. They tried to contact him but he was unresponsive to them( he was completely crazy) and then he was placed in a psychiatric facility for a few weeks and the bank took posession of his home,20 acres,volvo, jeep,truck and trailer home and all contents of the house.. He had no way to move or save any of it.

2 years later he gets treated finally, for the disease and is no longer crazy. Does he have any legal grounds against the bank? They got far more than they were ever owed for this property. He is destitute.


Asked on 2/08/14, 3:33 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Subject to a possible defense of time barred, if the property levied was sold for more than was due, plus costs, he can recover the excess. His disease might be a defense to the claim of time barred. A local attorney familiar with the issues should be contacted.

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Answered on 2/08/14, 1:40 pm


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