Judgment Lien Forms Foreclose In Queens
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New York is a judicial foreclosure state, which means that the lender has to sue the borrower in order to enforce their rights under the mortgage and note. If the lender wins the lawsuit, it obtains a judgment from the court, which allows the lender to sell the property at an auction.
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.
During the 5 week notice period, the homeowner can stop the foreclosure by making-up all missed payments (including late fees and attorney costs) or working with an attorney to stop the foreclosure process. The only time it is too late to stop a foreclosure is when the property is sold at auction to a new party.
Another option to stop an eviction is to file for bankruptcy. This postpones a foreclosure sale until the bankruptcy is finalized. This may give you time to work out a plan to bring your mortgage payments current with your lender.
You must file the Answer with the Clerk of Courts. Your Answer is due 28 calendar days after you got the Summons and Complaint by Once foreclosure case is filed against you in court, you are a defendant in the lawsuit and will receive a copy of the complaint. You have 28 days to respond.
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.
File and send an Answer The first step for you after receiving the summons and complaint is to file an Answer with the court and to send the Answer to the law firm that is representing the lender. If the lawsuit is given to you by personal service, you have 20 days from the date of delivery to file and send an Answer.
To respond to the Mortgage Foreclosure Summons, you actually must respond to the ``Complaint'' which was attached to the Summons. You file a response called an ``Answer'' that responds - paragraph by paragraph - to the claims about you in the Complaint.
