The foreclosure process starts by the financial institution serving the homeowner with a summons and complaint. In response to the summons and complaint the homeowner must file an answer. The answer must be filed within 20 days if the summons and complaint was served on the homeowner personally and 30 days if the summons and complaint was served … [Read more...]
Ignoring a Foreclosure Action: This is usually a bad idea!
Some homeowners when facing foreclosure bury their heads in the sand. They find the issue of losing their home so depressing they simply wish to remove it from their minds and therefore they just ignore it. Eventually the homeowners will receive other documents from lawyers soliciting them to represent them in foreclosure or they will receive … [Read more...]
Foreclosure Sale During A Divorce
Today's video blog we talk about how a court recently decided regarding a home in foreclosure during a divorce proceeding: Elliot S. Schlissel, Esq. can be reached at either 516-561-6645 or 718-350-2802, or by email to schlissel.law@att.net. … [Read more...]
Foreclosure Action Stopped by Death
Nettie Francis had executed a mortgage. The holder of the mortgage brought a foreclosure lawsuit against her. In May of 2010, the court had declined to sign a proposed judgement of foreclosure and sale. The court took this action because there had not been a submission of an order showing the mandatory residential foreclosure court conference had … [Read more...]
Foreclosure And Your Credit Score
If your home goes into foreclosure it will have a negative impact on your credit score. However, the nature and extent of the negative impact may be different than what you believe it to be. When a financial institution brings a foreclosure lawsuit related to a mortgage default, the institution will normally report to the credit agency there is a … [Read more...]
Governor Cuomo’s Buyout Plan for Homes Destroyed by Superstorm Sandy
Governor Cuomo wants to utilize four hundred million dollars of federal housing money to fund a buyout program of homes destroyed by Superstorm Sandy. Governor Cuomo had stated these homeowners are trapped because no one will buy their home since it was destroyed and it was in a flood zone. He wants the state to pay one hundred percent (100%) of … [Read more...]
Strategic Defaults
Walking Away From Your House Strategic default is the new concept in how homeowners are dealing with mortgages on homes that are underwater. A strategic default is simply when you stop paying your mortgages . Many homeowners are considering strategic defaults on their mortgages. It is estimated that over eleven million homes are now underwater … [Read more...]
Bankruptcy, Foreclosure and Divorce
If one of the parties to a divorce action files for divorce, can he or she later file bankruptcy during the course of the divorce? The answer to this question is yes. Now let's change the circumstances a bit. A husband and wife are involved in a divorce and during the course of the divorce, the husband is ordered by the court to make mortgage … [Read more...]
New Bankruptcy Law Exemptions in New York
Homeowners previously had an exemption of $50,000 for the equity in their home. Now each party on the deed has an exemption on Long Island for $150,000 in equity on their home. Therefore, a husband and wife who own a home together have $300,000 in exemptions when they file bankruptcy. This means homeowners on Long Island can file a Chapter 7 … [Read more...]
JP Morgan Chase Suspends Foreclosure Activities
JP Morgan Chase previously announced that it was seizing all further legal action on 56,000 pending foreclosure proceedings. The bank is taking this action due to the fact that its employees have improperly prepared legal documents related to foreclosure proceedings. These suspensions took place in the 23 states where foreclosure lawsuits must … [Read more...]