Foreclosure Defense

The Western New York Law Center's foreclosure unit helps homeowners facing foreclosure. We aim to provide caring, professional, and knowledgeable support to guide homeowners through the foreclosure process. We also help them look at all the options available to them.

716.855.0203
assistance@wnylc.net

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Services

Help for Homeowners at New York State Settlement Conferences

If you are a homeowner trying to keep your home or decide to leave it, the Law Center is here to help. We can help you understand your choices, work through the application process with your mortgage company, represent you at required settlement meetings, and review settlement agreements. We can also challenge any denials, which may provide you with another way to find a solution.

Help with Foreclosure Lawsuits

The Law Center offers complete support to help you fight foreclosure lawsuits when needed. If we can't represent you fully, we can help you fill out a pro se answer or give you general advice about your claims and defenses.

Help with Mortgage Discharge Actions

Just like with foreclosure lawsuits, we can provide complete representation for mortgage discharge actions when needed. If we can't fully represent you, we can assist you in completing a pro se answer or give general advice about your claims and defenses.

Help with Surplus Money Claims

If you used to own a home that was sold in a tax or mortgage foreclosure auction, we can help you get back any money you may have had after paying off debts. We will consider any liens on the property at the time of the sale, and you may be able to claim some or all of the leftover funds.

Help with Tax Foreclosures

We provide expert help in negotiating payment plans for unpaid taxes. In some cases, we can also represent you in disputing a tax foreclosure auction.

Advice and Support

If we can't help you fully, we are still happy to give you advice and guidance about any questions you have about foreclosure.

Help with Forbearance Options

We can assist homeowners who have missed loan payments in exploring options to avoid foreclosure before it happens.

A door with a silver handle and lock, with a house-shaped keychain hanging from the key.

Steps in a New York State Foreclosure Process

  • When a borrower misses payments on their mortgage, the lender will send an acceleration letter. This letter tells the borrower that if they don't make all the overdue payments by a certain date, the entire mortgage amount will be due immediately. The lender usually waits for two to three months of missed payments before sending this letter. By this time, the lender expects the borrower to pay back everything they owe and usually won't accept just a part of the payment.

  • New York State law requires that the lender send a specific notice to the borrower at least 90 days before filing a Summons & Complaint.

  • A lis pendens is a legal document that a bank's lawyer files when starting a foreclosure case. This document is usually filed before or at the same time as the summons and complaint. The law says that the bank's lawyer must file the lis pendens to inform people of a lawsuit about a piece of property.

  • The summons and complaint are filed with the court and initiate the lawsuit. The borrower is served and may or may not answer the complaint.

  • After the borrower has been served, the lender must file an affidavit with the court. This document shows that all parties were correctly served. The lender must also submit a Request for Judicial Intervention (RJI), which lets the court arrange a settlement conference. This conference usually takes place within 60 days after the RJI is filed. There might be several settlement conferences over the next few months, and the foreclosure process is paused during this time. If the borrower or their lawyer does not show up for the first conference, no more conferences will be held, and the case will move forward to the next step.

  • If a deal is made during the settlement conference, the lender must stop the foreclosure within 90 days. If no deal is reached or if the borrower doesn't show up for the first meeting, the case will go to a judge and continue from there.

  • If the borrower did not file an answer, the lender will file a Motion for Order of Reference.

    If the borrower filed an answer, the leader will file a Motion for Summary Judgement.

  • If the judge approves the Motion for Order of Reference, a referee will be assigned to figure out how much the borrower owes the lender. After the referee finishes their report, the lender will ask the judge for a Judgment of Foreclosure and Sale. This means they want permission to sell the property at an auction.

    If there are still disagreements about the facts from the borrower's response, a trial will happen. During the trial, the judge will decide if the borrower wins, which would stop the foreclosure, or if the lender can go ahead with the foreclosure, which might result in the property being sold.

  • After the court gives permission, the lender can organize a public auction, usually at the courthouse. Anyone, including the lender, can bid on the property. The highest bidder officially owns the property once the payment is made and the sale is finished. If the borrower still lives there, the new owner can start the process to evict them.

The average foreclosure in New York State takes about 15-24 months from the date of the first missed payment. Above is a basic overview of the path of a foreclosure action.