Legal Question in Credit and Debt Law in New York


I was behind on my mortage.The next month I call because I don't get bill.I am told I was put in foreclosure.I told them that I was taking money out of my retirement but it would take 2wks. to get loan.They didnt care.l could show proof.Didn't care.Don't they have to warn you?Certified mail or something

Asked on 6/29/09, 10:07 am

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: foreclosure

Under New York's new foreclosure law, there are prior notification requirements. It would depend when all this happened.

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Answered on 6/29/09, 10:40 am

Frank Loscalzo Law Office of Frank Loscalzo

Re: foreclosure

In the grand scheme of things you were behind on your mortgage payments. Because you were behind on your mortgage payments the loan was sent to the foreclosure dept, and will next (if not already) be sent to the foreclosure attorneys.

When you called up the service representative he/she said sorry I cannot help you as the loan has been sent to the foreclosure department.

In addition to being behind, you have incurred late payments, and if they sent the loan to the foreclosure attorneys you now owe them for attorney fees.

“You need to call up and ask them to send you a reinstatement letter with the total amount owed 30 days from now”. Before you do this you need to be sure you can get the money in 30 days.

Most likely when you call, you will get the same service department, and once again they will try to get rid of you. If they tell you they cannot help you because the loan is in foreclosure, ask for the foreclosure department phone number.

Then call the foreclosure department. If the foreclosure department says they cannot help because it has gone to the attorneys, ask for the attorneys name and phone number. Then call the attorneys.

In order to start the foreclosure lawsuit, you will have to be served a “Summons & Complaint” by a Process Server.

If after all this you are not getting anywhere, you will need the help of an attorney. If you would like help getting the reinstatement letter, or have any other specific questions send me an email. We also defend foreclosure actions, and sue mortgage companies for TILA/RESPA violations. We do this in all of New York.

[email protected]

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Answered on 6/29/09, 1:17 pm

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