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You may have the right to stay in your home for 90 days or longer. Depending on your situation, you may not have to move at all. For example, if your building or complex has five or more apartments and you are elderly or disabled, you may have additional rights to stay in your apartment.
Pre-Foreclosure Notice: The law amends the pre-foreclosure notice provisions of Section 1304 of RPAPL to require that a pre-foreclosure notice be sent, at least 90 days before the lender commences legal action against the borrower, to all borrowers with home loans -- not just to borrowers with high-cost, subprime and
In New York, the pre-foreclosure process lasts at least 120 days. Lenders will send a notice of default to the borrower 30 days after the late payment. Then, state law requires that lenders wait an additional 90 days after the first notice before filing a foreclosure complaint in court.
Pre-foreclosure is the beginning of the foreclosure process, in which the lender files a notice of default on a property that belongs to a delinquent borrower. The notice of default will tell the borrower that the lender will be pursuing foreclosure if the payments are not made.
After a foreclosure sale, federal law says that the new owner or the bank must give you a written 90 day notice to move out before starting a case to evict you in Court, even if you dont have a lease.
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While the Foreclosure is Pending Before ownership is transferred to a new owner tenants remain subject to the requirements of their lease agreements, including payment of rent to the landlord. In some cases, a receiver may be appointed to manage rental payments while the action is pending.
Avoiding Foreclosure (Loss Mitigation) Pay arrears, become current on the loan. Work out a period of loan forbearance. Loan modification. Refinance with another lender. Deed in lieu of foreclosure. Sell home, negotiate short sale.
Lender asks court for a judgment on default and to appoint a Referee to decide the amount you owe and write a report. Lender asks court to accept the Referees findings. Judge orders sale of your home. Lender and Referee choose date for auction at the courthouse.
After a foreclosure sale, federal law says that the new owner or the bank must give you a written 90 day notice to move out before starting a case to evict you in Court, even if you dont have a lease.
According to the New York State Comptroller, the average foreclosure case takes about 2.5 years in New York State. In reality, however, the time a foreclosure case takes depends on where you live. In upstate New York, foreclosure cases take about 1.5 years, while cases down state tend to take longerabout 3.5 years.

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