Michael J. Catalfimo’s Answers

Michael J. Catalfimo

Albany Foreclosure Attorney.

Contributor Level 9
  1. I lent money in good faith to this person and he now became totally invisible...

    Answered about 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    I don't know what they would charge to assist you, but Beacon Network Investigations, Inc. is a New York City area private detective agency which could assist you in locating the person. Their telephone number is 845-233-1613 and their website address is http://www.bniinvestigations.com Good luck! DISCLAIMER: The foregoing is not intended to constitute legal advice, or to create an attorney-client relationship between us (See paragraph 8 of Avvo Terms and Conditions of Use). It is...

  2. Can a home br forclosed if the owner didnt qualify for a home loan in the first place

    Answered over 5 years ago.

    1. Patrick Walter Begos
    2. Meyer Y. Silber
    3. Michael J. Catalfimo
    3 lawyer answers

    It depends on the type of loan and the circumstances under which it was made. For example, if the loan was subject to New York's predatory lending law (Banking Law Section 6-l) and the court finds that the lender intentionally lent money to a borrower who lacked the ability to repay it, the law states that "...the home loan agreement shall be rendered void, and the lender shall have no right to collect, receive or retain any principal, interest or other charges whatsoever with respect to the...

  3. How do I get out of foreclosure quick and 20,000 in back property taxes?

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    If real property taxes were owing when you purchased the property from the bank, those taxes created a lien upon the property in favor of the taxing authority. That lien is cut off by a foreclosure sale of the property and continues to attach to the property in the hands of the foreclosure purchaser (and any subsequent purchasers, as well). Section 1354 of the New York Real Property Actions and Proceedings Law ("RPAPL") provides that real property taxes owing at the time of a...

  4. Do I need to pay rent for a house that is being foreclosed on?

    Answered almost 2 years ago.

    1. Kathryn Ursula Tokarska
    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 owed...

    1 lawyer agreed with this answer

  5. How would this proceed

    Answered about 3 years ago.

    1. Marianne Christine Bartko
    2. Rebecca Ann Taylor
    3. Michael J. Catalfimo
    3 lawyer answers

    A party may only prosecute a mortgage foreclosure action if it has the "legal standing" to do so. Typically, this means that the plaintiff must either be the owner of the note and mortgage which are the subject of the foreclosure action, or a properly authorized agent of the owner. If Suntrust was the owner of the note and mortgage when it started the foreclosure, then it had proper legal standing to bring the action. If it sold the note and mortgage before the action was concluded, then...

    1 person marked this answer as helpful

  6. Promissory Note - I have been trying to find out who owns my 2005 promissory note for over a year now. How can I find out?

    Answered over 4 years ago.

    1. Ahmad Tayseer Sulaiman
    2. Michael J. Catalfimo
    2 lawyer answers

    I am not licensed to practice in the State of Illinois, so I am unfamiliar with that state's specific rules of pleading and procedure in the area of mortgage foreclosure actions. Nor does your question provide much detail about the status or procedural posture of the pending foreclosure action. I can tell you, however, that one effective way to compel disclosure of the loan owner's identity is to require the foreclosing plaintiff to prove that they have legal standing to commence and...

    1 person marked this answer as helpful

  7. Do I need an attorney? I am now receiving deficiency notices after my manufactured home was repossesed and sold at auction.

    Answered almost 2 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    Unless your loan documents provide otherwise (which is unlikely), you cannot terminate your loan repayment obligations by selling the loan collateral and tendering a new borrower to your lender. Lenders sometimes consent to this type of "transfer of equity" arrangement in manufactured home loan financing transactions, but even when they do, they often decline to release the original borrower from their personal liability on the loan. I recommend that you consult an experienced consumer...

  8. Summons received for a foreclosure after a bankruptcy has dischagred, must I reply?

    Answered about 2 years ago.

    1. Marc Gregory Wagman
    2. Michael J. Catalfimo
    3. Richard E Weltman
    3 lawyer answers

    The bank must include you in its foreclosure action, but you are not legally obligated to respond to the summons or participate in the lawsuit. If, as you indicate, you have vacated the property and have no interest in trying to maintain your ownership of it, then there would be no reason for you to appear in the action.

  9. What will happen to my 2nd mortgage after 1st mortgage forclosure?

    Answered about 3 years ago.

    1. Sean Sullivan Hanley
    2. Richard Alan Rodgers
    3. Lee Anne Graybeal
    4. Michael J. Catalfimo
    4 lawyer answers

    The lien of the second mortgage was cancelled by the foreclosure of the first mortgage, but your obligation to pay the second mortgage debt was not. The holder of the second mortgage will likely communicate with you before long, and demand that you pay the debt. If you refuse, a collection action will be brought against you. As noted in the last answer, it is possible to discharge your liability for the second mortgage debt by filing for bankruptcy. Whether it is advisable for you to do so,...

  10. Service by publication question.

    Answered over 3 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    Being held in contempt of court for non-payment of child support is a serious thing, and can have many unpleasant consequences. You should contact an attorney experienced in matters of this nature who regularly appears before the Judge assigned to your case, and seek his or her advice on how to deal with the problem. If in fact you are delinquent in the payment of child support, the best course of action will probably be for you to appear before the Court and propose a payment plan to get...