Legal Question in Real Estate Law in New York

getting owners out after foreclosure
I have been buying foreclosure houses in upstate NY Albany area never had problem owners always left on there own. Never had to do eviction . Buying houses at city court house from bank (aution type) How long do the old owners have to leave with stuff. If i were to start the paper work the day of sale?Or would i have to wait till closeing usually 30 days after?

Asked on 12/30/07, 4:31 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

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Re: getting owners out after foreclosure

Pursuant to NYRPAPL section 713, "A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735, upon the following grounds: ... 5. The property has been sold in foreclosure and either the deed delivered pursuant to such sale, or a copy of such deed, certified as provided in the civil practice law and rules, has been exhibited to him."

Therefore, you would have to wait for closing. After closing, you would have to serve a certified copy of the deed together with a 10 day notice to quit.

Mike

Answered on 12/30/07, 5:05 pm

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