How can I obtain a surplus judgement on a pending foreclosure action from the first lender?
Serve and file your Notice of Appearance and Demand for Payment of Surplus Monies.
Garden City, NY
Debt collection Lawyer at Garden City, NY
Practice Areas: Debt Collection, Landlord & Tenant, Residential
Serve and file your Notice of Appearance and Demand for Payment of Surplus Monies.
In order to properly answer the question it would need to be known which came first, the deed which reflects you as an owner, or the mortgage.
The scenario you relate is very rare. Are you a tenant in common and the other tenant in common's ownership interest is being foreclosed? If so,...
Your issues are not necessarily related. You do have an option to sign a deed in lieu of foreclosure in exchange for a Release precluding recovery...
You should speak with a lawyer who can advise you better privately than anyone can in this public forum.
The status of most cases in NY courts are published on ecourts.com.
This sounds to me as if there is another side of the story which is not being shared.
Your application is subject to the Patriot Act. They must refuse if there is a basis that your funds are connected to terrorist activities.
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Based upon what you say, it sounds as if he already did. If not, once the judgment is vacated he should indeed move to dismiss. See CPLR 3211.
The answer to your question is YES! 30 hours x minimum wage per week is protected. 10% of the gross will be deducted. It also sounds as if you do...