Frequently Asked Questions about Onondaga and Westchester County Foreclosure

The best way to learn more about foreclosure and how you can prevent it from happening to you is to contact Onondaga and Westchester County foreclosure lawyer Theodore Araujo for a free consultation. To provide you with some quick information until your appointment, the Bankruptcy Law Center has compiled this list of Frequently Asked Questions about foreclosure.

  • How long does the foreclosure process take?
    • Foreclosure cases can take up to fifteen months to complete. Once the judge makes his ruling, the mortgage company usually schedules the foreclosure sale about four months later. The new owner usually has thirty days to pay the purchase price; once the new owner pays, title will transfer to him and the property will no longer be yours.
  • How long can I stay in my home?
    • New York has no statutory right of redemption. Once the new owner has title, you become a trespasser. You must either leave immediately or allow the new owner to evict you. Eviction can take up to thirty days, and a sheriff may come to your house to remove you if you do not leave voluntarily.
  • Can I stop a foreclosure once it has been scheduled?
    • If the bank has scheduled the foreclosure, but it has not yet occurred, you can stop the sale by filing a bankruptcy case. Theodore Araujo is an experienced bankruptcy attorney and can tell you if bankruptcy is the right option for you to stop a pending foreclosure. Once the sale occurs, however, you generally cannot reverse it.
  • Will people show up at my house on the day of the sale?
    • The mortgage company conducts the sale by public auction at a courthouse; you do not have to appear, and no one will come to your house.
  • Will I have to go to court?
    • If you respond to the initial foreclosure Complaint, you may have to appear in court. Theodore Araujo can assist you with the court documents and proceedings.
  • Will I lose the personal property in the house?
    • Your personal property, such as clothing, furniture, toys and certain appliances, are not included under the mortgage lien, and the mortgage company has no legal right to these items. However, if the property is a fixture in the home, such as a furnace, pipes, a sink or a water heater, you cannot remove the property.
  • How many payments can I miss before the mortgage company starts the process?
    • The mortgage company must wait to initiate foreclosure until you are at least ninety-one days in default.
  • Will the mortgage company warn me before they start the proceedings?
    • The mortgage company may send you a notice that it intends to file a foreclosure action, but New York law does not require such a notice.

Onondaga and Westchester County foreclosure attorney Theodore Araujo at the Bankruptcy Law Center can answer all of your questions about New York foreclosure law. Contact him right away for a free consultation.