Tag Archive: house

Foreclosure Proceedings and the Right of Redemption in NY

New York is a judicial foreclosure state and the process can take over a year to proceed from Summons & Complaint through judgment and then auction. A homeowner has a right to redeem up and until auction, but unlike many states, there is no right of redemption after Sale (but see Bill proposing to allow [...]

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Round Two: Suffolk County Supreme Court’s Judge Spinner Takes on Wells Fargo

Having recently issued a decision canceling an Indymac mortgage lien in another foreclosure action, Judge Spinner turns his attention to the outrageous actions of Wells Fargo and holds the mortgage behemoth liable for trespass, resulting in $155,092.00 judgment, in Wells Fargo v. Tyson. At the outset, the court pointed out that the Plaintiff sent a [...]

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REO Fraud: A Study In How NOT to Flip an REO

So I have been playing around with a new feature added to Property Shark: Deep Owner Search.  You can type in a person’s name, a corporation name or an address and see what properties are associated with that information.  From there, you can also search that person’s associates and so forth. Since I have practiced [...]

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Don’t Believe the Hype: FHA’s Temporary Waiver of 90 Seasoning Rule

On Friday, January 15, 2010, HUD Secretary Shaun Donovan issued a  press release, as part of HUD’s Neighborhood Stabilization initiative, temporarily waiving FHA’s 90 Day Seasoning Rule.  Amazingly, HUD is cognizant that the seasoning guideline is having a negative impact on alleviating the problem of abandoned and blighted homes:
“In today’s market, FHA research finds that [...]

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Contract Contingencies: Sale of Purchaser’s Current Residence

While the first time home buyers are out in force looking to purchase a home, the reality is that a good part of the elusive purchaser pool is made up of homeowners looking to trade up to a new home. Which means, for the most part, they need to sell their current residence to [...]

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Buyer $5,000 Short – How to Close the Gap…from a NY Point of View

Inman columnist Bernice Ross posted an excellent article, in response to a Seller’s question, on what to do if your buyer is $5,000 short for the deal.   As a New York real estate lawyer, I wanted to add my two cents as to a rather innovative way to close that gap.
New York is one of [...]

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Why Retain An Attorney for a Real Estate Transaction? Ask Maria Espinosa

CNN recently posted a video on their website detailing the “shocking” story of a woman who paid her mortgage but whose home is being foreclosed upon, jumping on the fraud bandwagon and telling the stories of homeowners preyed upon by the real estate & banking industry. The video leaves out more than it tells, in [...]

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