Notice Of Mortgage Foreclosure Sale
October 5th, 2009
Notice Of Mortgage Foreclosure Sale
Question: Can I delay eviction? What goes with me, can I take appliances?
Maybe foreclosure is going to be the only way I get out of my current mess. I don't hold out much hope of refinancing and the thought of convincing family or friends to loan me money I may be a long time in repaying leaves me cold. If the loan company won't give me workout I'm gonna lose the house.
I'm in NY, and there's a power of sale clause in the mortgage deed, how long can I stay in the house after the notice of sale is published? Can I delay eviction? Can I take appliances like the clotheswasher with me?>
Answer: Hopefully you are just thinking wild with all the problems you face, and this is something you don't even think about yet. Latest press reports indicate that lenders are much more motivated to avoid foreclosure this year, you need to work through your options.
To answer your questions and hopefully give some help though.....................
You don't move out till you receive notice under the eviction law in New York AFTER the sale of your house at auction when you automatically become a tenant in your former home. That will be more than 4 months away.
can yoou delay this process. Well yes, of course you can. If you don't leave the place peacably under notice, a judge will decide how long you stay. You will probably get more time in the house if you pay or offer to pay rent. You can appeal against the judge's decision, provided you do it within the time stipulated.
The norm in real estate is that any appliances fixed to the house have to stay. Most owners facing foreclosure sell off as much as they can of their better white-ware to get cash. If they are genuinely trying hard to sell the homes first they won't want to destroy their chances by removing things like stoves, but washers, dryers refirgerators, icemakers, all these items are saleable assets that belong to you not the property under threat.
Hope that helps, BigJoe, and my prayers are with you.
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