Michael J. Catalfimo’s Answers

Michael J. Catalfimo

Albany Foreclosure Attorney.

Contributor Level 9
  1. Spurious information subpoena

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    Under New York law, an information subpoena issued to a person or entity other than the judgment debtor must contain the following certification: I HEREBY CERTIFY THAT THIS INFORMATION SUBPOENA COMPLIES WITH RULE 5224 OF THE CIVIL PRACTICE LAW AND RULES AND THAT I HAVE A REASONABLE BELIEF THAT THE PARTY RECEIVING THIS SUBPOENA HAS IN THEIR POSSESSION INFORMATION ABOUT THE DEBTOR THAT WILL ASSIST THE CREDITOR IN COLLECTING THE JUDGMENT. If such a signed certification is not contained in the...

    2 people marked this answer as helpful

  2. Tenant attending foreclosure hearing??

    Answered almost 4 years ago.

    1. Michael J. Catalfimo
    2. Perry B. Thompson
    2 lawyer answers

    Foreclosure sales in New York are conducted at public auctions. These sales are advertised in the newspaper and anyone is permitted to attend the sale and bid on the property. You should carefully monitor the papers which are filed in the foreclosure action with the county clerk. When the Final Judgment of Foreclosure and Sale has been filed, review it to find the name and phone number of the Referee appointed to sell the property. Call the Referee and ask to be sent copies of the Notice of...

    1 person marked this answer as helpful

  3. I served my divorce papers last August to my wife in Ireland and never filed affidavit of service in NY. Is it too late?

    Answered over 4 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    You must serve the process upon your wife within 120 days of the commencement of the divorce action, but you do NOT need to file the affidavit of service within 120 days. Having said that, please note that if the method of service which was used to serve your wife was "leave and mail" or "nail and mail", then her time to answer or respond to the process will not begin to run until 10 days after the affidavit of service is filed with the court clerk. Please also note that the validity of the...

    1 person marked this answer as helpful

  4. Is the "Produce the note" stratagey an answer to a summons and complaint in New York?

    Answered almost 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    A proper "Answer" to the "Complaint" in a New York foreclosure action should comply with section 3018 of the NY Civil Practice Law and Rules, which provides that: "A party shall deny those statements known or believed by him to be untrue. He shall specify those statements as to the truth of which he lacks knowledge or information sufficient to form a belief and this shall have the effect of a denial. All other statements of a pleadings are deemed admitted..." If you file an "answer" with...

    1 person marked this answer as helpful

  5. My landlord is going into foreclosure and isn't give me much information. Should I continue to pay him?

    Answered about 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    Your rights and responsibilities with respect to the payment of rent are established, initially, by the terms of the lease agreement which you signed. Such an agreement typically obligates the landlord to provide habitable premises to the tenant and, in return, obligates the tenant to pay rent to the landlord for those premises. The standard residential lease agreement does not, typically, condition the tenant's duty to pay rent upon the landlord's timely payment of any mortgages which are owed...

    1 person marked this answer as helpful

  6. The house we are renting is going into foreclosure. We have six months left on the lease. Should I continue to pay rent?

    Answered about 5 years ago.

    1. Brian Stephan Devery
    2. Michael J. Catalfimo
    2 lawyer answers

    Your rights and responsibilities with respect to the payment of rent are established, initially, by the terms of the lease agreement which you signed. Such an agreement typically obligates the landlord to provide habitable premises to the tenant and, in return, obligates the tenant to pay rent to the landlord for those premises. The standard residential lease agreement does not, typically, condition the tenant's duty to pay rent upon the landlord's timely payment of any mortgages which are...

    1 person marked this answer as helpful

  7. How do i close my husband's estate in New York?

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    If an estate proceeding was opened for your husband after his death--which would have been done by the filing of a petition for Letters of Administration in the Surrogate's Court of the county he resided at the time of his death--this proceeding can be closed either by your filing of: a) a petition for the judicial settlement of your account as Administrator; or b) an agreement (often referred to as an instrument in settlement) signed by you and your husband's other heirs at law, which...

    1 person marked this answer as helpful

  8. My home was sold at a foreclosure auction on 1/27/09 and today I was issued with a 72 hour notice. What can I do to save my home

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    2. Meyer Y. Silber
    3. David C. Garner
    3 lawyer answers

    In New York, a mortgagor has the right to redeem the mortgaged property (the "Right of Redemption") from the lien of the mortgage by tendering to the mortgagee, PRIOR TO THE COMPLETION OF A FORECLOSURE SALE, the full amount which is owed under the mortgage. Once the sale is completed, however, this Right of Redemption is terminated. At that point, the only way for the mortgagor to keep the mortgaged property is: a) negotiate to re-purchase the property from the successful bidder at the...

    1 person marked this answer as helpful

  9. Can the Federal Bank foreclose or has to wait for the DA's or United States Attorney office to give them permission?

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    A mortgagee's right to foreclose a defaulted mortgage is optional, not mandatory. There could be numerous reasons why the mortgage you mention hasn't yet been foreclosed, but only the holder of the mortgage would know for sure and it is under no legal obligation to reveal its reasons. A mortgagor's bankruptcy proceeding, loan workout negotiations, a problem with the loan documents, a problem with the collateral for the loan, the availability of alternative loan collateral and/or recourse to...

    1 person marked this answer as helpful

  10. If i own propety in new york that is going into foreclosed can a lean be be put on property that was willed to me in pa

    Answered about 2 years ago.

    1. Krishnan S. Chittur
    2. Michael J. Catalfimo
    2 lawyer answers

    It's possible, but unlikely. First, the New York property must sell for less than the amount of the foreclosure judgment. Second, the foreclosing plaintiff must timely make a motion for a deficiency judgment and prove to the court's satisfaction that it is entitled to receive one. Assuming it gets a deficiency judgment, the plaintiff must next conduct post-judgment discovery--either formal or informal--to see if you have non-exempt assets or income which can be reached to satisfy the...