What are my rights as a homeowner facing foreclosure?

As a homeowner facing foreclosure in New York, you have rights under both state and federal law. Under the federal Protecting Tenants at Foreclosure Act, you have the right to remain in the property until the end of the lease or rental agreement under which you are currently living. Even if you do not have a written agreement, you may remain in the property until the foreclosure sale. Additionally, you cannot be evicted or forced to leave the property without a court order and you cannot be charged a fee for remaining in the property after the foreclosure sale. Under the New York State Real Property Actions and Proceedings Law (RPAPL), you have the right to be informed of the foreclosure process and to be protected from any predatory mortgage practices that may be conducted. Additionally, the RPAPL requires that the lender and its attorneys follow all legal requirements during the foreclosure process, including properly serving foreclosure notice papers to you and other necessary parties and properly filing documents with the court. The lender must also provide you with a clear statement of the amount due and stated in the notice papers. Finally, you have the right to defend yourself against the foreclosure. This may include raising a defense such as the defense of equitable subrogation, which may prevent the foreclosure from going forward. If you wish to defend yourself against the foreclosure, you should contact an experienced foreclosure defense attorney who can help you understand your rights and develop a strategy to protect your property.

What are my rights as a homeowner facing foreclosure?

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