FORECLOSURE PREVENTION PROJECT
EXPERIENCED FORECLOSURE LITIGATION ATTORNEYS
HELP FOR HOMEOWNERS
KEEPING FAMILIES IN THEIR HOMES
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FAQs
New York’s foreclosure process can be long- the average foreclosure takes two years. There are required notices that your mortgage lender must send to you before they can start the court process. After you receive the first legal papers (summons & complaint), you will receive a letter from the court with a date for you to come to court for a settlement conference. You or your attorney should attend the conference if you want to keep your home.
FPP attorneys are available at the settlement conferences and we can get your information to see if you qualify for our services. The foreclosure action is on hold while you work through the settlement conference process. The conferences are meant to see if there is a way to keep you in your home, usually by applying for a loan modification. For more information about the process, download some of the informational materials available above or attend a workshop.
No. The foreclosure process in NY is very long, and you do not need to move unless the property is sold at auction, which is the last step in the foreclosure process. You can, and in most cases, should, continue to live in your home throughout the process. If you have received a summons and complaint, and wish to respond to the papers yourself, there is a standard answer form that you can use. Download it here.
After you have missed a number of payments, the bank will accelerate your loan and only accept the entire amount that you are behind. Once the loan is accelerated, the lender is no longer required to accept payments.
If you need assistance applying for a loan modification or other payment agreement with the lender, you can contact a HUD housing counseling agency for free assistance from a housing counselor. They can help you with a loan modification application and work with your lender on your behalf. To locate housing counseling agencies in Western New York, call 855-HOME-456.
Unfortunately, there are many companies that claim to help homeowners in foreclosure, but do not actually provide quality services. The NY Attorney General’s Office has a site where you can see if the company is legitimate and search for approved resources and help. AGScamHelp, FPP, and HUD housing counselors provide services for free.