Complaint For Foreclosure In Bronx
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The Stages of Foreclosure Stage 1: Default of Payment. Stage 2: Notice of Default. Stage 3: Notice of Sale. Stage 4: Foreclosure Sale. Stage 5: Eviction.
The new law does not disturb New York's six-year statute of limitations on mortgage foreclosure actions. It simply restores a common-sense principle: no party may unilaterally stop and restart the statute of limitations to revive what would otherwise be a time-barred action.
Here are some of the options that may be made available to you: Reinstatement. Repayment plan. Forbearance. Loan Modification. Home Affordable Modification Program (HAMP) ... Home Affordable Foreclosure Alternatives (HAFA) Program. Home Affordable Unemployment Program (UP) ... Refinancing.
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
One way to attack a foreclosure is to argue that the foreclosing party does not have standing to foreclose. If the foreclosing party cannot produce the promissory note on which the loan is based, the court likely will dismiss the case.
A servicer that receives a complete loss mitigation application more than 37 days before a foreclosure sale must take two steps within 30 days: • First, the servicer must evaluate the borrower for all loss mitigation options available to the borrower from the owner or investor of the borrower's mortgage loan.
