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Free Guide to Hiring a Real Estate Lawyer
Foreclosure is the legal process lenders use to recover money owed on a defaulted mortgage by selling the property. In Massapequa Park, a village in Nassau County, New York, foreclosure actions typically proceed through the New York court system. The process is governed largely by state law, especially the Real Property Actions and Proceedings Law, Article 13, which covers mortgage foreclosure procedures.
Because Massapequa Park properties fall under New York state law, the foreclosure timeline and steps can be heavily influenced by court schedules and mediation options. Banks must prove default, obtain a court judgment, and then arrange a sale, while homeowners may pursue modifications or defenses. For many residents, legal counsel helps navigate notices, deadlines, and potential settlement options.
Source: New York State Unified Court System and official foreclosure guidance provide the framework for judicial foreclosure actions in New York courts. See New York Courts.
Source: The U.S. Department of Housing and Urban Development (HUD) outlines foreclosure prevention resources and counseling for homeowners across the United States, including New York.
New York foreclosure actions are primarily governed by RPAPL Article 13, which covers mortgage foreclosures, notices, the path to sale, and court procedures. Borrowers in Massapequa Park should understand how these provisions shape timing and defenses in a Nassau County context. A key feature is that most residential foreclosures in New York are judicial rather than non-judicial.
New York also provides a foreclosure mediation framework under CPLR 3408, which offers homeowners a chance to meet with lenders to resolve the case without a sale. Participation in mediation can be voluntary or court ordered, helping some borrowers achieve modifications or settlements. For tax matters, tax foreclosures are pursued under Real Property Tax Law, which governs how counties like Nassau handle delinquent taxes separate from mortgage foreclosures.
RPAPL Article 13 governs mortgage foreclosures in New York, defining proceedings, notices, and sales. For the full statutory framework, see the New York State Senate legislation page: RPAPL.
CPLR 3408 establishes the foreclosure mediation program in New York to encourage settlements before a sale. See the New York State Senate legislation page: CPLR 3408.
Real Property Tax Law (RPTL) Article 11 covers tax foreclosure procedures in New York, including how counties pursue delinquent taxes. See RPTL.
In New York, mortgage foreclosures are usually filed as a court action in the Supreme Court. The lender must prove default and obtain a judgment of foreclosure and sale. Homeowners can respond, defend, and potentially negotiate reductions or settlements through mediation.
Respond by the deadline stated in the summons, often within 20 to 30 days. Hire a foreclosure attorney to preserve defenses and request mediation. Failing to respond can lead to a default judgment and sale.
RPAPL Article 13 governs mortgage foreclosures in New York. It defines the filing, service, and sale procedures for foreclosures. Understanding it helps you spot lender or court missteps and identify defenses.
Timeline varies widely. Judicial foreclosures in New York commonly take about 6 to 18 months from filing to sale, depending on court activity and mediation. Delays can occur due to appeals, motions, or lender backlogs.
Yes, an attorney helps you assess defenses, prepare papers, and negotiate with the lender. A lawyer can also guide you through mediation and ensure deadlines are met. Without counsel, you risk losing rights or delays.
Costs vary by case complexity and attorney. Many offer initial consultations and payment plans. Attorneys may bill hourly or provide flat fees for specific tasks such as document review or mediation.
Modification can delay or stop foreclosure if approved. You must submit complete financial documents and work with counsel to negotiate terms. Lenders are not obligated to grant a modification, but mediation can help.
New York offers a foreclosure mediation program under CPLR 3408. Mediation provides an avenue to resolve the case without a sale. Participation may be voluntary or court ordered, depending on the case.
Possible defenses include improper service, missing notices, miscalculation of the debt, or servicing violations. An attorney can assess and pursue available defenses under RPAPL and related rules. Defenses often require timely action and documentation.
Bankruptcy can trigger an automatic stay, temporarily stopping foreclosure. Chapter 13 allows a repayment plan to catch up missed payments. Consult a bankruptcy attorney to evaluate options and timelines.
New York primarily uses judicial foreclosure through the courts. Other states may use non-judicial processes, which proceed without court involvement. The steps, deadlines, and protections differ significantly by jurisdiction.
Ask for referrals from local real estate or elder law attorneys, and verify bar status and experience in foreclosure litigation. Schedule a consultation to discuss strategy, costs, and timelines before hiring.
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Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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