Legal Question in Real Estate Law in New York

Rules of Foreclosure

My husband moved out 2 1/2 years ago, but we have never been legally divorced. His ''contribution'' to the family is paying the 2 mortgages on the house, since both our names are on both mortgages. He has not paid one of the mortgages for 2 months, and they are starting foreclosure proceedings. Does that mean that now they require the whole loan amount or the selling of the house? If someone pays the 2 months' payments, that is no longer enough, is that correct? Bottom line: Have we reached a point where it is a sure thing that the kids and I need to find a new place to live? How long do you think we have? Taxes are all paid up. The mortgage co. wants to schedule an inspection of the house as soon as possible.


Asked on 8/24/01, 7:42 am

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

Re: Rules of Foreclosure

You should be able to cure the default by paying the amount due. I suggest calling the bank's attorney and explain the situation. Perhaps something can be done if you can assure that future payments will be made by you or someone in your family. You may be able to buy time to refinance or sell the house yourself. You will lose any equity if you allow the foreclosure the proceed without trying to protect yourself. I also suggest you immediately contact a matrimonial attorney to protect you and the children. Maybe they can get a court order to freeze the sale until some financial details between you and your husband can be worked out. Just don't let this happen without doing something, as you may lose marital rights or support rights for you and the children.

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Answered on 8/28/01, 12:25 pm


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