Legal Question in Real Estate Law in New York

What happens when a plaintiff wins a lawsuit against a property that is going through a foreclosure and the plaintiff wins the case? The judge orders that repairs for about $25K be made but the property owner is bankrupt and near death. If a judgement is put on the property for the $25K what happens if the Bank sells the property for an amount that does not cover the judgement? (This is very likely to happen). Does the plaintiff now have to sue again and get a new judgement from the new owner?

Asked on 7/10/11, 12:13 pm

Michael Markowitz Michael A. Markowitz, PC

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Q.If a judgement is put on the property for the $25K what happens if the Bank sells the property for an amount that does not cover the judgement?

A. The judgment lien against the property is extinguished.

Q. Does the plaintiff now have to sue again and get a new judgement from the new owner?

A. No. The plaintiff would have no cause of action against the new owner. The judgment would continue against the original property owner.

Mike.

Answered on 7/11/11, 5:30 am

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