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

If I understand what you wrote correctly, it is no longer your home. I was sold at auction to someone else in January. They now want to possess their property and would like you to vacate.

It is unlikely this can be undone. I am not licensed to practice law in New York and thus don't know all the particular ins and outs of New York law, but I'm afraid you will have to leave.

You might want to quickly check with a local attorney to see if you have any options.

As posted earlier, your home is no longer yours, it was sold. The new owner is going to force you to leave. You may be able to push things off a bit by contacting the new owners or their attorneys and asking for time to move out.

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 foreclosure sale; or b) file a motion to set the foreclosure sale aside based upon the existence of a mistake or irregularity in the sale, or in the foreclosure proceedings which led up to the sale.

In my opinion, only an experienced attorney can properly review a foreclosure proceeding to determine whether things have been done properly. I recommend that you consult with such an attorney as quickly as possible.

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 offered, instead, as general legal information relevant to the issue(s) raised in your question. Legal information is not the same as legal advice (i.e., the application of law to an individual's specific circumstances). If you desire to obtain legal advice, you should retain the services of an attorney to represent you. If you choose to act upon the information provided above without first retaining an attorney, you do so at your own risk.

Hi,
As I am now going through the same state of affairs….I wonder what turned out with your case, were you able to fight the eviction and dispute the foreclosure sale?