Foreclosure Timeline In New York

momny

LoanSafe Member
Apr 2, 2012
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An update: Just got form 1099-A in the mail....not sure if 1099 C will come but with The Mortgage Forgiveness Act extended, I don't worry about that any more.
 

I'll Spin the Wheel Pat!

LoanSafe Member
Mar 25, 2015
40
6
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Hi momny,

Thanks so much for the update!

No news on my case. Would love to hear from other New Yorkers about their experience.

Good luck to all!
 

sistergldnhair

LoanSafe Member
Mar 8, 2013
12
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Hi all. I've been reading here for ages. Last payment on my OneWest mortgage was 11/01/2014. I had a hell of a year. I lost my son Thanksgiving of 2014, then in January 2015 had to close my ambulance business in NJ. This was a HUGE financial hit, and a HUGE mental one for me.
I thought I had paid my Dec 2014 mortgage, but in my blur of losing my son I see I didn't. At that time I was on month 3 of a forebearance arrangement with the bank. After losing the business, and finding out I would not be able to collect unemployement right away due to me being a corporate officer, I made the decision to stop paying the mortgage and bank it to support me during the waiting period. I was on a small salary until July 2014. I was finally able to collect starting January 2016, and thankfully the savings I had banked kept me afloat with necessities and utilities while waiting.
So I just got served the Summons and Complaint Tuesday. Two weeks ago I was sent a modification packet from OneWest with a trial offer of 3 payments of $1450. from my original of $1900. 1st one being due on the 29th of February.
I'm reading on here about contesting the foreclosure, but do not know what in the hell I'm doing. Is it wise to consult an attorney at this point?

My mortgage balance is $179,000. I have not much debt other than two small credit cards. I really don't want the house, but would like to be able to milk this as long as I can.

My family has been through alot these last several years, and if I can stall this, my daughter who is left at home will have more of a cushion saved up to move.

Any help?
 

I'll Spin the Wheel Pat!

LoanSafe Member
Mar 25, 2015
40
6
8
Hi all. I've been reading here for ages. Last payment on my OneWest mortgage was 11/01/2014. I had a hell of a year. I lost my son Thanksgiving of 2014, then in January 2015 had to close my ambulance business in NJ. This was a HUGE financial hit, and a HUGE mental one for me.
I thought I had paid my Dec 2014 mortgage, but in my blur of losing my son I see I didn't. At that time I was on month 3 of a forebearance arrangement with the bank. After losing the business, and finding out I would not be able to collect unemployement right away due to me being a corporate officer, I made the decision to stop paying the mortgage and bank it to support me during the waiting period. I was on a small salary until July 2014. I was finally able to collect starting January 2016, and thankfully the savings I had banked kept me afloat with necessities and utilities while waiting.
So I just got served the Summons and Complaint Tuesday. Two weeks ago I was sent a modification packet from OneWest with a trial offer of 3 payments of $1450. from my original of $1900. 1st one being due on the 29th of February.
I'm reading on here about contesting the foreclosure, but do not know what in the hell I'm doing. Is it wise to consult an attorney at this point?

My mortgage balance is $179,000. I have not much debt other than two small credit cards. I really don't want the house, but would like to be able to milk this as long as I can.

My family has been through alot these last several years, and if I can stall this, my daughter who is left at home will have more of a cushion saved up to move.

Any help?
Hi sistergldnhair,

I can't give legal advice but you may want to consult an attorney to ask some questions. I was able to sit down with more than one for a free consultation before making any decisions so if it's free, why not. Also, if you think you have a good case, speaking with an attorney may help you decide what you ultimately want to do and you may even want to hire one. Aside from that, there is lots of info you can find on the web and especially on this web site. Also, looking at other court cases on ecourts may give you an idea of the time line. One thing I do know is to be sure and answer the complaint or the process will go quicker. You don't need an attorney to do that but if you plan on fighting and you don't know what you are doing, you may get better results with one.

Best of luck to you!
 

nymess

LoanSafe Member
Nov 9, 2008
57
1
8
Hi sistergldnhair,

I can't give legal advice but you may want to consult an attorney to ask some questions. I was able to sit down with more than one for a free consultation before making any decisions so if it's free, why not. Also, if you think you have a good case, speaking with an attorney may help you decide what you ultimately want to do and you may even want to hire one. Aside from that, there is lots of info you can find on the web and especially on this web site. Also, looking at other court cases on ecourts may give you an idea of the time line. One thing I do know is to be sure and answer the complaint or the process will go quicker. You don't need an attorney to do that but if you plan on fighting and you don't know what you are doing, you may get better results with one.

Best of luck to you!
There hasn't been any activity here in awhile so I figured I'd reach out... Can anyone post their progress and how long they are in this whole mess?
 

Western Belle

LoanSafe Member
Feb 4, 2015
39
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8
55
I was pushing & pushing to try and settle my 2nd, but they (Fannie Mae loan w/ HSBC and PHH as servicer) didnt budge and I was simply tired of it all. I have two kids to raise in a single parent household and I just couldn't fight anymore. During the summer I was able to modify both my 1st and 2nd @ 4% (my second modification). The original mod was increasing every 2 years. Also, home values have increased a lot in my area of Westchester County. I have also seen a lot of foreclosed homes in the past six months and could only believe the banks were finally catching up.

Found this to be very interesting .... I pray I can weather the storm a few more years then sell with a bit of equity.
http://www.dce.harvard.edu/professional/blog/how-use-real-estate-trends-predict-next-housing-bubble
 

PatZZ

LoanSafe Member
Jan 30, 2011
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Bank of America Class Action - New York
http://westfaironline.com/81907/bank-of-america-settles-with-new-york-customers-over-delays/

A settlement has been reached with Bank of America and a pair of class action lawsuits alleging the financial corporation violated New York property laws. Class Members are defined as:

All persons and/or entities who were the mortgagor party to a residential mortgage on real property located in New York State serviced by Bank of America for which all authorized principal, interest and all other amounts due or otherwise owed by law was completely paid between July 12, 2010 and November 27, 2015, but Bank of America failed to present a certificate of discharge or satisfaction of mortgage within 30 days to the recording officer of the county where the mortgage was recorded (the proposed ‘Settlement Class’). Serviced means that Bank of America acted as (a) the entity to which payments under the residential mortgage were required to be made or (b) such entity’s personal representative, agent, successor or assign.”​

Submit a Claim: https://www.nyliensettlement.com/Home/SubmitClaim
.
 

I'll Spin the Wheel Pat!

LoanSafe Member
Mar 25, 2015
40
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There hasn't been any activity here in awhile so I figured I'd reach out... Can anyone post their progress and how long they are in this whole mess?
Hi all,

Well, it's been 57 months for me. I apparently lost in court but nothing has happened since. I think the bank motioned the court for a referee to be appointed to begin the actual foreclosure process and I guess my file is just sitting in a pile waiting for someone to get to it. I really have no idea, no one has called and the only correspondence I've received is a new HAMP offer. I got a kick out of that one... the payment was lower but the loan was for 40 years. Don't they know I'll be dead by then? lol Umm. no thanks.
 

PatZZ

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Jan 30, 2011
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It boggles my mind that as large as NY is, this thread has so few posts.
.
 

sistergldnhair

LoanSafe Member
Mar 8, 2013
12
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I was served again with the motion of default judgement. The guy showed up, and I thought it was going to be something from Wells Fargo about the default on our HELOC, which was in May. But nope, it was from ONE WEST.

Just for [email protected], and giggles, I filled out a loan mod application, which I won't get. My income is too low, but thought, hey what the heck. I am getting nervous though.
 

just_me

LoanSafe Member
Sep 14, 2015
515
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Hi all,

Well, it's been 57 months for me. I apparently lost in court but nothing has happened since. I think the bank motioned the court for a referee to be appointed to begin the actual foreclosure process and I guess my file is just sitting in a pile waiting for someone to get to it. I really have no idea, no one has called and the only correspondence I've received is a new HAMP offer. I got a kick out of that one... the payment was lower but the loan was for 40 years. Don't they know I'll be dead by then? lol Umm. no thanks.
I don't blame you for turning down a mod. I'm afraid to continue doing business with these banks due to the fraud! Not sure what will happen with that, but they usually 'offer' when they have been caught doing something bad. lol. However, it does extend the amount of time you can stay before they try to default you again.

New York Foreclosures - This might be useful. It's an attorney blog in NY. (Robert Brown Lawyer) You can search his latest cases and rulings on foreclosures here:

http://www.wallstreetmainstreet.com/
 

I'll Spin the Wheel Pat!

LoanSafe Member
Mar 25, 2015
40
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So... It's been just about 5 years now. I am not sure how much time is left but I am at the part where an independent party tallies up what I owe. I guess when they submit the answer, the bank files the motion to foreclose. I would really like to leave the state for other opportunities. Can I call the bank or the lawyer or whatever and ask if they can just take the keys to speed things up? I believe there is a law in NY that if the bank knows the house is vacant and is this far along in the process, they have to secure it so it does not turn into a zombie home. So maybe their inspector people will see the cars gone and know? I want to keep this as my legal residence tho for tax reasons. On the other hand, I may be closer than I think to the end. I wish there was a way to zero in on exactly how much longer it will be. I don't think a short sale or DIL is a good idea...
 

sistergldnhair

LoanSafe Member
Mar 8, 2013
12
0
1
Whelp...I received my signed judgement for foreclosure from banks attorney on Friday. It was signed January 29 and I just got it. Next step, is it goes in queue for Sheriff's Sale. Also on Friday I got a packet from CIT saying they hadn't received all requested documents for the mod, so they denied it but at any given point up until 7 days prior to the sale I can resubmit the documents and they will review. I'm going to send in another packet for the hell of it. And I guess I'm going to start purging my stuff. :(
 

I'll Spin the Wheel Pat!

LoanSafe Member
Mar 25, 2015
40
6
8
Whelp...I received my signed judgement for foreclosure from banks attorney on Friday. It was signed January 29 and I just got it. Next step, is it goes in queue for Sheriff's Sale. Also on Friday I got a packet from CIT saying they hadn't received all requested documents for the mod, so they denied it but at any given point up until 7 days prior to the sale I can resubmit the documents and they will review. I'm going to send in another packet for the hell of it. And I guess I'm going to start purging my stuff. :(
Wow that was so fast. Did you answer the complaint? Maybe there are less cases in your area so paperwork went faster. I would definitely try and resubmit docs. I believe if you show you are trying to work it out, they can't foreclose or they will at least push back the auction date. Good luck!
 
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sistergldnhair

LoanSafe Member
Mar 8, 2013
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It was signed 25 months after my first missed payment. I did not respond to the complaint. I was so lost at that time. I read somewhere if you do not answer they do not have to notify you of the sale date. The sale will be in White Plains. I'm going to try to find online, a link to watch upcoming auctions. Loan mod papers are filled out and will be faxed/mailed today.

I'm still trying to figure out how the HELOC plays into this, as their is a lien. Will keep you posted.
 

Youngone

LoanSafe Member
Oct 6, 2015
16
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Where can I view the foreclosure cases in NY online? Ecourts isnt working for me.
 

WGMI

LoanSafe Member
Mar 16, 2017
11
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49
Hi All,

I too am going through a bunch of crap. Mine started with WAMU in 2010, then was directly "Assigned" to WF by yours' truly Bryan Bly. Some where along the line it was with Fannie Mae and now with LSF9 /US Bank & Caliber. 2nd time Judgment for foreclosure was granted Aug 2016. Been on the modification merry go round pretty much since the beginning. Even got to the point where I did the 3 month trail payments. My donkey of an attorney, who at first said this looks like crap has pretty much done nothing but ask me for mod docs that the bank keeps asking for and now wants more money now that it's looking close to sale date. I don't know what to do. I don't know all the legal stuff, but I do know it's all FRAUD. In the beginning my situation was temporary, but they dragged & dragged & dragged this on to make it major. My house is not under water. I want to fight, but don't know how to or is best to try to settle & get a mod, if I even can.

There's more to the story if interested.

My apologies for being all over the place, but I'm sure you can understand.

Would love to speak with someone.

Thanks,
WGMI (We Gone Make It) somehow.
 

WGMI

LoanSafe Member
Mar 16, 2017
11
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Oh & to add to it. I had a 2nd with Chase that discharged & deemed paid in full because they said they didn't have the original paperwork.
 

J Leigh

LoanSafe Member
Apr 4, 2017
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I defaulted on my original mortgage May 2011. I filed for bankruptcy and my mortgage debt was discharged. I was told I could get a loan modification to prevent foreclosure. I tried to work with Bank of America for 2 years to get a loan modification. I received several denials given a different reason each time. BOA filed a Summons and Complaint against me Oct 2013 but did not serve me until May 2014. I obtained an attorney and filed an answer. I received notice from the Judge Nov 2014 that my foreclosure could proceed. In June 2015 I was finally granted a loan modification and the foreclosure stopped. I am now in the same difficult financial situation and cannot make my loan modification payments. Right now I feel just to let it foreclose this time. The neighborhood isn't what it used to be, my house will never be sold for what is owed right now, and frankly I don't want to fight for another loan modification. I would like to know how long I have to reside in my home until BOA forecloses. I was told that because I worked with BOA on a loan modification halted the foreclosure process so it would be shorter time to foreclose and then I was told it could be 3 years since NY is a judicial state. I have kids and although they are older I really need to know how long I have?
 

PatZZ

LoanSafe Member
Jan 30, 2011
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I defaulted on my original mortgage May 2011. I filed for bankruptcy and my mortgage debt was discharged. I was told I could get a loan modification to prevent foreclosure. I tried to work with Bank of America for 2 years to get a loan modification. I received several denials given a different reason each time. BOA filed a Summons and Complaint against me Oct 2013 but did not serve me until May 2014. I obtained an attorney and filed an answer. I received notice from the Judge Nov 2014 that my foreclosure could proceed. In June 2015 I was finally granted a loan modification and the foreclosure stopped. I am now in the same difficult financial situation and cannot make my loan modification payments. Right now I feel just to let it foreclose this time. The neighborhood isn't what it used to be, my house will never be sold for what is owed right now, and frankly I don't want to fight for another loan modification. I would like to know how long I have to reside in my home until BOA forecloses. I was told that because I worked with BOA on a loan modification halted the foreclosure process so it would be shorter time to foreclose and then I was told it could be 3 years since NY is a judicial state. I have kids and although they are older I really need to know how long I have?
No 2 cases are the same so no one can answer that question. We all would like to know "how long" for everything that happens in foreclosure. I would first check to see how the prior foreclosure complaint ended. Was it ever dismissed? Or is it still active with no recent filings? In my state, the court will dismiss complaints that have had no filings over the prior 12 months. Don't know about NY. But if the case was never dismissed - meaning the mill can just pick up where they left off, then your time is short. If instead they must file a new complaint, then you would have much more time.

Good luck.

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