how can i confirm the my foreclosure is active? I hope if notice of default is recorded..or trustee sale.
In order for a foreclosure to be active, the Plaintiff (i.e. your bank or loan servicer) had to hire counsel which drafted and filed a notice of pendency, summons and complaint with the Office of the New York County Clerk's Office. Further, you should have been served a copy of said notice of pendency, summons and complaint.
If you have received legal documents from a law firm representing your bank or loan servicer; you can simply call that law firm and ask them directly if the case is still active or if it has been discontinued.
Further, you will find ample assistance in this matter should you simply speak directly with an attorney whom specializes in the area of foreclosure defense.
Employment / Labor Attorney
You may all so be able to go to the following website and look up your name to find out if you are a party to a foreclosure action: http://iapps.courts.state.ny.us/webcivilLocal. That is the website for the New York State unified court system and most current cases should be listed electrically through the court system. If you are being foreclosed on and you are representing yourself, it may be in your best interest to seek a legal consultation with an attorney that does foreclosure defense work. There may be a number of defenses the attorney could raise, possibly the attorney could work out a modification agreement depending on the circumstances and there may be issues that the attorney may be able to raise that may go to the validity or enforceability of the underlying mortgage obligation. These are things you would not be aware of or trained to see unless you had legal expertise in this area.
Best of Luck!
William J. Lasko, Attorney at Law, Tel. 203 329-6602
William J. Lasko is an experienced New York, Connecticut and Washington, D. C., licensed attorney who focuses his practice primarily on employment law, personal injury and estate matters. Mr. Lasko, has been in practice for more than 23 years, represents clients throughout New York, Connecticut and Washington, D. C.. More information is available at www.laskolaw.net. This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship.
You can generally check with the trustee who would be carrying out the foreclosure sale. Most have a website that lists properties that are up for sale. Though they claim that they are not liable for incorrect information, this is the best place to quickly determine your home's foreclosure status.
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