Legal Question in Real Estate Law in New York

Status of Lien After Foreclosure

A property was foreclosed on which had a lien by a homeowners association. The former homeowner is currently in litigation for a couple reasons, one of which is in regard to the lien. (lien was illegally obtained). Will the homeowners association, if the matter hasn't yet been litigated, receive the lien? In other words, will the mortgage company pay off the lien?


Asked on 7/16/02, 5:14 pm

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

Re: Status of Lien After Foreclosure

If the lien is being contested and court hearing has not yet been held, the lien amount will probably be required to be held in escrow (deducted from the proceeds but held by one of the attorneys or the title company until the litigation is resolved) and then disbursed in accordance with the court decision.

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Answered on 7/17/02, 11:02 am


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