Prior blog posts have discussed the concept of surplus monies in foreclosure proceedings. Surplus funds occur when a property is sold at a public foreclosure auction, and the amount bid exceeds the amount of debt owed on the property. For example, a homeowner defaults on his mortgage, and owes $300,000.00…
Articles Posted in Foreclosure
Post-Foreclosure Occupancy – A New York Story
A recent cover story in the New York Post relates the astonishing story of Guramrit Hanspal, who has lived in a house he doesn’t own for over twenty years. However, for those attorneys experienced in the areas of foreclosure, landlord-tenant, and bankruptcy, Mr. Hanspal’s story, while certainly an outlier, is…
Foreclosure Actions and COVID – An Update
Regular readers of this blog have been able to get information on how the COVID-19 pandemic has affected foreclosure actions in New York. This post will serve as an update on current conditions in New York Courts. At the beginning of the pandemic, New York Courts closed for all matters,…
Foreclosures – Judicial and Non-Judicial
Some of our prior blog posts have dealt with foreclosure actions concerning real property. A recent New York Supreme Court case, however, deals with a different type of foreclosure, and the effects of the COVID-19 pandemic on the same. Most foreclosure cases in New York State are of the judicial…
An Update on COVID and the Courts in New York
At the start of the coronavirus pandemic, all of the Courts in New York State closed for health and safety reasons. Recently, as the numbers of those afflicted in New York continue to decrease, some Courts are reopening. This blog post will discuss the current situation as of the writing…
Post-Covid Re-Opening: Back in the Swing of Things
We hope that our readers have been fortunate enough to have stayed healthy during these trying times. Finally, our home region has commenced the post-Covid re-opening process. We are currently in Phase II. Our attorneys hope that all business activities will return to “normal” as soon as possible, just as…
Post-Foreclosure Surplus Funds – Who Gets the Money?
Prior blog posts have discussed the concept of surplus monies in foreclosure proceedings. To summarize, when a foreclosed property is sold at public auction, it is possible that the highest winning bid may exceed the sum owed to the entity foreclosing on the property. For example, an individual defaults on…
Coronavirus and its Effects on Real Estate Law in New York
Unless you have been living in isolation on a deserted island, you are aware of the recent coronavirus situation. In order to avoid contaminating large numbers of people, many businesses have closed, and many individuals are remaining at home rather than venturing outside. This blog post will discuss the effects…
Foreclosure Judgments in New York
A recent decision in a case in upstate New York discusses issues relating to the denial of an application for a foreclosure judgment. In a foreclosure case, the plaintiff, who is usually a bank or other lending institution, must apply to the Court for a judgment. Often, after the case…
Fear Gone Viral
Most of us have been recently inundated by reports of the Coronavirus pandemic. Although many of our readers do not travel to some of the afflicted locations, fear has a way of becoming contagious in its own right and can have negative business consequences. Fundamentally, the fear is…