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Articles Posted in Foreclosure

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Due Diligence and Real Estate Purchases

You have found the perfect house, cooperative or condominium apartment after a long search.  It has the ideal updated kitchen to show off your culinary skills and a beautiful bathroom that rivals a spa-like retreat.  Is there anything that should delay the signing of the contract and procession to closing?  Yes, there…

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Pitfalls Arising from the Purchase of Foreclosed Properties

From time to time, we  are approached by a client who says that she is getting a bargain on a real estate purchase of a foreclosed property.  Such a property is being sold by the lender or its subsidiary at a price that the client believes to be well below…

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Selling a New York Property While in Foreclosure

Prior blog posts have discussed a “short sale” of a property in foreclosure.  A short sale is when the house is worth less than the mortgage owed to the lending institution, and the lender agrees to accept less than the full amount owed when the transaction takes place.  However,  a situation…

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Deficiency Judgments in New York Foreclosures

Previous blog posts have discussed foreclosures in New York State.  Many of our clients own either residential or commercial property and may not be able to make their mortgage payments.  They may become subject to a foreclosure lawsuit brought in the appropriate Supreme Court, in which the lender seeks to foreclose…

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Preserving Real Estate Assets for the Defaulting New York Homeowner

It is not unusual for some of our clients to be presented with the following scenario.  An owner of a single family house or apartment falls behind on his mortgage and his lender commences a foreclosure proceeding while a sale is pending.  In an apartment scenario, the cooperative board pursues a…

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Mortgage Modifications in New York State

Our firm is often called on to assist homeowners whose properties may be in foreclosure.  This can occur when a person falls behind in their mortgage payments to a bank or other lending institution.  Because of the high volume of such foreclosures in New York State over the past several…

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Legal Issues Pertaining to Inspirational and Divisive Religious Leaders

Pope Francis’ first visit to the United States has managed to inspire numerous people. Yesterday’s speech before Congress mesmerized all of those in attendance, regardless of their religious or political affiliation. The Pope’s message has been unifying to all witnesses, which is why many people have been so excited by…

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Foreclosure and Bankruptcy in New York

A recent decision by the United States Supreme Court raises important issues for those whose homes are in foreclosure and are considering filing for federal bankruptcy protection. This case involved a borrower whose home was “underwater,” which means that the mortgage debt on the property (both a first and second…

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Foreclosure Settlement Conferences in New York State

Our firm handles many cases in which the client is being sued for foreclosure of their property. In general, a foreclosure lawsuit involves a mortgage loan which has been recorded as a lien against real property, such as a house or condominium unit. Please note that cooperative apartments involve ownership…

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Happy Halloween: Haunted Houses, Zombie Houses, Ghosts and Other Scary Things

Even Halloween gives rise to legal issues that may pertain to our blog readers. This blog post will address haunted houses, zombie houses, ghosts and other scary situations from a legal perspective. Unfortunately, a crime, suicide or other unpleasant event may have happened in a house prior to sale. Such…

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