A property my parent and sibling (who is on the deed as Joint Tenant) was foreclosed on. My parent who was widowed passed away. My sibling has disassociated herself from family and friends. The plaintiff from the foreclosure has filed motion for the surplus. Do I have any rights to it? I have reached out to a few attorneys, but have not received a response back. I have not been able to locate my sibling.
Your question, as written does not make sense. The Plaintiff in a foreclosure action is the lender, not one of the borrowers. You need to consult with an experienced NY mortgage foreclosure defense attorney and a probate attorney. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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When property is owned by joint-tenants with right of survivorship, the ownership interest of a deceased owner passes by operation of law to the surviving joint tenant. Unless you are an owner of the property, it is not clear why you would presume to be entitled to surplus funds
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Jonathan D. Warner, Esq. is an attorney who is licensed and admitted to practice in the State of New York, U.S. District Courts for the Northern, Southern, and Easter Districts of New York, and U.S. Tax Court. This answer is provided only for informational and/or entertainment purposes only. It should not be relied upon as legal advice, which can only be offered to clients in an office consultation setting, after all of the facts and circumstances of a case or controversy can be fully considered and reviewed. No attorney-client relationship should be inferred by virtue of any answers posted. Before commencing any legal action or assuming any legal position, an attorney licensed in your jurisdiction should be consulted beforehand. We are a debt relief agency and help people file for bankruptcy.
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