How Home Foreclosure Affects a Renter

When landlords lose properties to foreclosure, tenants are often in trouble. Tenants who get evicted have a few remedies against their former landlords including exercising their rights to “quiet enjoyment” of the property.

→ Read More

Help for Older Homeowners in Foreclosure

Older homeowners in foreclosure have one advantage that others do not. The Older Americans Act of 1965. The Act created the federal Administration on Aging, which in turn funds state Legal Aid offices to assist older Americans with legal issues, including foreclosure.

→ Read More

What Happens to a Second Mortgage in a Home Foreclosure?

While it can vary greatly from state-to-state, once the lender on a first mortgage forecloses on a property, the lender will sell the first mortgage to the highest bidder in a foreclosure auction sale. The sale proceeds will then be used to pay down any real estate taxes that are due. Once the real estate taxes have been paid, if any proceeds are left, the first loan must be paid, and then the second. If the proceeds from the auction are not enough to cover these debts, several things can happen. If the balances in the first and second loans cannot be paid off, both lenders typically have the right to sue the borrower for balances owed, plus interest and other costs.

→ Read More

The Mortgage Foreclosure Process: What to Expect

Foreclosure laws vary from state to state. In some states, a lender may foreclose without going to court (these are called a “power of sale,” “foreclosure by advertisement,” or “trustee sale” states); some require court action (these are often referred to as judicial foreclosure states).

→ Read More

Keeping Your Home: Common Misconceptions & Ways to Beat Foreclosure

The down turned economy has left many Americans facing foreclosure of their home – including New Yorkers. But what does the term “foreclosure” really mean? Our New York legal expert explains what it means, the best way to deal with it, how long you can stay in your home and offers advice on how to beat foreclosure.

→ Read More

Staying in Your House After Foreclosure Proceedings Start

The length of time you will be allowed to remain in the home after a foreclosure varies from state to state. However, no matter the jurisdiction, legally speaking, you do not have to move out immediately after receiving notification of a foreclosure. You may remain in the home until you receive notification of the sheriff’s sale. The notice will include the date and time of the sale.

→ Read More