Best Foreclosure Lawyers in Buffalo

About Foreclosure Law in Buffalo, United States

Foreclosure is the legal process a lender uses to recover the balance of a loan from a borrower who has stopped making payments. In Buffalo, which is in Erie County, New York, foreclosures are governed by New York State law and proceed through the state court system. New York uses a judicial foreclosure process - that means the lender files a lawsuit in court, and the court supervises the case from the initial complaint through any sale of the property. The process can take many months or more than a year, depending on the complexity of the case, court schedules, and whether the borrower contests the action or pursues loss mitigation options.

Why You May Need a Lawyer

A foreclosure involves legal filings, court deadlines, and complex rules about notice, evidence, and available defenses. You may need a lawyer if any of the following apply to you:

- You received a summons and complaint or any court papers related to foreclosure. Responding correctly and on time is critical to preserve your rights.

- You believe the lender or loan servicer made errors - for example, mistakes in accounting, improper assignment of the mortgage, or failure to follow required notice rules.

- You are facing a potential deficiency judgment or a shortfall after a sale and want to understand personal liability risks.

- You want to pursue loss mitigation options - such as loan modification, forbearance, a short sale, or deed in lieu of foreclosure - and need help negotiating with the servicer.

- You may qualify for bankruptcy or other alternatives and need advice about the timing and consequences.

- You need representation at hearings or to enforce or challenge procedures used by the lender, such as the conduct of a foreclosure sale or eviction.

Local Laws Overview

Key local and state law aspects that affect foreclosure in Buffalo include the following:

- Judicial foreclosure requirement - New York State requires a lender to bring a foreclosure action in court. The process begins with a summons and complaint and often a lis pendens recorded in the county clerk records.

- Court handling - Foreclosure actions are typically filed in the New York Supreme Court for the county where the property is located. For Buffalo, that is Erie County Supreme Court.

- Timelines and procedural rules - New York has specific procedural rules and deadlines for serving papers, answering a complaint, and moving through the litigation process. Missing a deadline can limit your options.

- Loss mitigation and servicer duties - Mortgage servicers have certain obligations under state and federal regulations to provide notices and to consider borrowers for loss mitigation options. Documentation and communication records are important.

- Sale and confirmation - If the court enters a judgment of foreclosure and sale, a public sale is scheduled - often conducted by the county sheriff or by a court-appointed referee. After the sale, the court must confirm the sale before title shifts. New York law limits the period when a borrower can redeem the property - once the sale is confirmed, redemption rights are generally cut off.

- Deficiency judgments - Whether a lender can pursue a borrower for any deficiency after a foreclosure sale depends on the type of loan, how the foreclosure was conducted, and applicable statutes. Some protections may exist for certain residential loans, but outcomes vary.

- Eviction - After a foreclosure sale and confirmation, an owner-occupant typically must vacate the property. Eviction must be carried out through the proper court process, usually by the county sheriff.

- Local support - Erie County and the City of Buffalo have local programs and agencies that can assist with housing counseling and referrals. Legal aid organizations in Buffalo handle many foreclosure-related matters for eligible residents.

Frequently Asked Questions

What should I do first after receiving a summons and complaint for foreclosure?

Do not ignore the papers. Read them carefully to note the deadlines for responding. Gather mortgage documents, payment records, correspondence with your servicer, and any loss mitigation paperwork. Contact a foreclosure attorney or a HUD-approved housing counselor immediately to understand your options and to determine how to file an answer or other court response if appropriate.

How long does a foreclosure take in Buffalo?

There is no single timetable. Because New York uses judicial foreclosure, the process often takes several months to over a year. Factors include whether you contest the case, the court calendar, motions filed by either party, and any efforts to negotiate a resolution.

Can the lender evict me immediately after filing suit?

No. Filing a foreclosure lawsuit does not give the lender immediate authority to evict you. Eviction typically occurs only after a foreclosure sale and court confirmation, followed by a legal eviction process. However, a foreclosure can lead to an eventual eviction if the sale is completed and the new owner or purchaser seeks possession.

What are common defenses to a foreclosure?

Common defenses include improper service of process, errors in the lender's chain of title or assignment of the mortgage, inaccurate accounting of payments, failure to follow required notice procedures, or violations of federal or state servicing rules. The availability and strength of defenses depend on the facts and documentation in each case.

Can I stop foreclosure by filing bankruptcy?

Filing for bankruptcy can create an automatic stay that temporarily halts most foreclosure actions. The length and effect of the stay depend on the type of bankruptcy filed and whether a previous bankruptcy was filed. Bankruptcy has significant long-term consequences, so you should consult an attorney to determine whether it is an appropriate option for your situation.

What loss mitigation options are available to me?

Loss mitigation options commonly include loan modifications, repayment plans, forbearance agreements, short sales, and deeds in lieu of foreclosure. Your servicer must consider you for available programs if you apply. Work with a housing counselor or attorney to assemble the required documentation and to negotiate terms.

Will a foreclosure remain on my credit report forever?

No. A completed foreclosure will remain on your credit report for up to seven years from the date of the first missed payment that led to the foreclosure. The impact on credit scores lessens over time but can make obtaining new credit or housing more difficult in the near term.

Can I sell my home to avoid foreclosure?

Yes, selling the home before the foreclosure sale can be an option. If your mortgage balance exceeds the home's value, you may need a short sale, where the lender agrees to accept less than what is owed. The lender must approve a short sale and may require documentation to consider it. A lawyer or experienced real estate agent can help negotiate with the servicer.

Are there local programs in Buffalo to help homeowners at risk of foreclosure?

Yes. There are local and state housing counseling programs, non-profit agencies, and legal aid organizations that offer assistance. HUD-approved housing counselors can help you explore options and apply for loss mitigation. New York State and Erie County may also offer programs or referrals for homeowner assistance. Eligibility rules vary by program.

How much will a foreclosure lawyer cost?

Costs vary based on the lawyer's experience, the complexity of the case, and how much work is required. Some lawyers charge hourly rates, while others may offer flat fees for specific tasks. If you qualify, free or low-cost representation may be available through legal aid organizations. Always ask a lawyer for a clear fee agreement before hiring them.

Additional Resources

When seeking help, consider these types of resources and organizations that commonly assist people facing foreclosure in Buffalo:

- Erie County Clerk - for public records such as lis pendens and filings related to real property actions.

- Erie County Sheriff - for information about the conduct of sales and evictions following foreclosure judgments.

- New York State Unified Court System - general information about foreclosure procedures and local court contacts.

- New York State Department of Financial Services - oversight and consumer protection resources for mortgage borrowers.

- HUD-approved housing counseling agencies - for free or low-cost counseling on loss mitigation and budget planning.

- Legal aid organizations in Buffalo - many provide free or low-cost legal representation to eligible residents facing foreclosure.

- Consumer Financial Protection Bureau - national resources on mortgage servicing, loss mitigation, and borrower rights.

Next Steps

If you are facing foreclosure in Buffalo, consider taking these steps right away:

- Read all court papers and notices carefully. Note response deadlines and court dates.

- Gather documents: mortgage contract, payment history, loan statements, notices from your servicer, insurance records, tax bills, and any correspondence related to loan modification attempts.

- Contact your mortgage servicer to ask about loss mitigation options and to request a written explanation of amounts owed. Keep records of all communications.

- Seek immediate advice from a HUD-approved housing counselor or a foreclosure attorney. If you cannot afford a private attorney, contact local legal aid organizations to check eligibility for free or reduced-cost legal help.

- Do not vacate the property or surrender keys without understanding your legal position and any negotiated arrangements. If a foreclosure sale is scheduled, ask your attorney about how to participate in negotiations up to the confirmation hearing.

- Keep paying for utilities, insurance, and maintenance if possible, and document the condition of the property.

Every foreclosure situation is different. Acting quickly, organizing your records, and getting qualified legal or counseling help will give you the best chance to preserve options and protect your rights.