What is the foreclosure process like in my state?

In New York, the foreclosure process is initiated by the lender when the borrower fails to make payments on their mortgage loan. The lender sends a demand letter, usually by certified mail, to the borrower that informs them that they are in default and have 30 days to make their payments. If the borrower does not make the payment within the 30-day period, the lender may start the foreclosure process. The lender then files a foreclosure action with the court, which will review the case and determine if foreclosure is permitted under the law. If the court approves the foreclosure, the borrower will receive a Notice of Foreclosure, which will give them 90 days to make the payment or face foreclosure. During this period, the borrower may be able to negotiate with the lender in order to avoid foreclosure. If the borrower fails to make the payment during the 90-day period, the lender may file a summons and complaint with the court. This will start the foreclosure process and the court will issue a judgment of foreclosure. The foreclosure may then be carried out by a foreclosure sale, where the property is auctioned off to the highest bidder. If the property is sold at the foreclosure sale, the borrower will be required to vacate the property within 10 days. If they remain in the property, the lender may seek a court order for eviction. The foreclosure process can be complicated and may result in the loss of the property and credit damage for the borrower. Therefore, it is important to understand the process and to seek legal advice if you are facing foreclosure in New York.

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