Foreclosure Process In New York

31 May Foreclosure Process In New York

The foreclosure process in New York is a long one, requiring a case to wind through the court system before reaching conclusion. The case can take anywhere from 8 months to nearly a full year, depending upon the individual court. Some courts are quicker, some are slower.

It is important to remember, however, that in New York you must file an Answer to a foreclosure Complaint within 20 days of the date on which you were served (if you received the Complaint personally). This means you don’t have a lot of time to assess your options and locate a lawyer to help you.

Many people make the mistake of trying to work out a deal with the mortgage bank rather than filing an Answer. Why is this a mistake? Because a phone call doesn’t protect your rights.

So if you’re served with a foreclosure Complaint, find a lawyer to help defend the foreclosure immediately. You can continue to work informally with the mortgage lender during the foreclosure, but it can’t be your only move.

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Jay S. Fleischman is a bankruptcy lawyer with offices in Los Angeles and New York. He can often be found on Google+ and Twitter, where he shares information about consumer protection issues and personal finance.
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