Foreclosure

COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020

New York

Undisputed Legal | Eviction Services

The New York State Legislature has adopted legislation that extends the moratorium on residential evictions to more than one year from the initial Executive Order 202.8 in March of 2020, through May 1, 2021. Governor Andrew M. Cuomo signed the new COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 in furtherance of the same, wherein residential evictions, foreclosure proceedings, credit discrimination, and negative credit reporting related to the COVID-19 pandemic are curtailed. An additional feature of the Act sees the extension of the Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption from 2020x to 2021, creating an all-around effect of protection for tenants and homeowners from the economic hardship incurred as a result of the COVID-19 pandemic.

[1.0] HOW DOES THE LEGISLATION WORK

The legislation also includes a two-month moratorium on pending evictions. This will then permit residential tenants who cannot pay their rent or secure alternative housing and who are suffering financial hardship or a health-related hardship to file a hardship declaration at any time. The hardship declaration would have to be filed under penalty of law with the landlord, court, or enforcement officer. It would prevent the filing, proceedings on, and execution of any eviction warrant until May 1, 2021. 

The bill language includes a hardship declaration form for landlords to use. This would require that a notice of rights and related information and the hardship declaration form (in size 14 point) be included with any rent demand or notice of petition served on a tenant. The hardship declaration must be provided in the tenant’s primary language. If such a translation is unavailable on the Office of Court Administration’s (OCA) website, it is the landlord’s responsibility to obtain a translation.

However, there is no confirmed provision for examining said hardship form before a court or even against the landlord themselves. The Act also attempts to defend certain property owners from credit discrimination through a hardship declaration form.  This is applicable if the owner has fallen behind on mortgage payments, or has received a stay of mortgage or tax foreclosure, or tax lien sale. This protection would apply only to owner-occupied primary residences with fewer than ten rental units.

[1.1] BACKGROUND LEGISLATION

On 28 September, Governor Cuomo declared that the State Tenant Safe Harbour Act would be prolonged and maintained until 1 January 2021 to shelter existing residents against displacement throughout the incumbent state of economic distress during the COVID-19 public health crisis. The Executive Order expands the Tenant Safe Harbour Act’s security to warrants for eviction that occurred before the pandemic outbreak and to others that are awaiting evictions other than non-payment but who endure the very same burden.

On 20th  March, Governor Cuomo initially declared a State moratorium on residential and commercial expulsions to guarantee that no tenants get evicted at the public health emergency height. On 30th  June, the Governor signed the Tenant Safe Harbour Act, which had become active immediately, along with supplementing legislation offering financial support to landlords and tenants. In conjunction, prior Executive Orders have excluded fines or penalties for delayed payment of rents. Renters facing economic difficulties may still use their security deposit as payment and recover the same over time.

When the COVID-19 pandemic began, we asked New Yorkers to protect each other by staying at home. As we fight our way through the marathon this pandemic has become, we need to make sure New Yorkers still have homes to provide that protection,” Governor Cuomo said. This law adds to previous executive orders by protecting the needy and vulnerable who, through no fault of their own, face eviction during a challenging period for New York. The more support we provide for tenants, mortgagors, and seniors, the easier it will be to get back on their feet when the pandemic ends. I want to thank the legislature for passing this important protection for New Yorkers all across the state who need a hand. This is the kind of support that helps us stay New York Tough.”

[2.0] FEATURES OF THE ACT

[2.1] EFFECT ON RESIDENTIAL EVICTIONS

The Act allows for a moratorium on residential evictions until 1 May 2021 for residents who have undergone COVID-related difficulties. Tenants must request a statement of hardship or a record describing the cause of hardship to avoid expulsions. Landlords can evict tenants who generate safety or health hazards for other tenants and tenants who do not make statements of hardship. 

All residential eviction litigation ongoing on 28 December 2020, which include eviction proceedings instituted on or before 7 March 2020, as well as any residential eviction proceedings initiated on or before 27 January 2021, are to be suspended for a duration of sixty days. Notwithstanding the above, an ongoing or freshly instituted action in which the plaintiff has claimed that the tenant is habitually and unjustifiably engaged in conduct that seriously infringes the use and comfort of other tenants or residents, or poses a significant safety threat to others, may continue to be heard in conjunction with the Act. The requirement of adequate affidavits in the freshly commenced proceedings means that no court would likely grant any petition or other notice of commencement in the case of eviction unless those records contain affidavits as provided by section 5 of Part A of the Act.

[2.2] INITIATION AND STATUS OF FORECLOSURE PROCEEDINGS

The Act also places a moratorium on residential foreclosure proceedings until May 1, 2021. Homeowners and small landlords who own 10 or fewer residential dwellings can file hardship declarations with their mortgage lender, another foreclosing party, or a court that would prevent foreclosure.

Any proceeding for foreclosure of a mortgage that concerns residential real property pending on December 28, 2020, and any action proceeding commenced on or before January 27, 2021, is stayed for sixty days. No court shall accept filing commencement papers in an eviction proceeding unless those papers include affidavits as required. 

[2.3] EFFECT ON EXISTING LIEN

The Act prevents local governments from engaging in a tax lien sale or a tax foreclosure until May 1, 2021. Furthermore, at least thirty days before the date on which a  sale of a  tax lien is scheduled to occur, or upon the filing of a petition of foreclosure of a  tax lien,  the enforcing officer or other person or entity conducting such tax lien sale or tax foreclosure is required to notify the owner of the affected property of such owner’s rights. Payments due to the locality are still due.

This act applies to any action to foreclosure on delinquent taxes or sells a tax lien relating to residential real property. This can be held as long as the owner or mortgager is a natural person and owns ten or fewer dwelling units. These units do not have to be in one property or building; however, the owner’s primary residence requesting relief must be included, and the remaining units must be occupied by a tenant or occupied for rent. 

To clarify, real property includes shares in a residential cooperative but cannot comprise vacant and abandoned property. 

[2.4] CREDIT DISCRIMINATION PROVISIONS UNDER THE ACT

Lenders are forbidden from discrimination against the property owner receiving credit unless the owner of the property has been issued a stay of the mortgage foreclosure litigation, a tax foreclosure procedure, or a tax lien on purchases. They are still forbidden from discrimination against the extension of credit if the owner is in arrears and has lodged a statement of hardship with the lender, which will not be negatively reported to any credit reporting agency as per the Act. 

[2.5] BARON ISSUANCE OR ENFORCEMENT OF DEFAULT JUDGMENTS

Before May 1, 2021, no court is authorized to issue a default judgment regarding eviction in a residential eviction matter without first holding a hearing upon the petitioner’s motion. In any residential eviction proceeding in which a warrant of eviction has been issued but has not yet been executed, execution of the warrant will also stay until the court has held a status conference with the parties. 

 If the court has awarded a judgment against a respondent on or before December 28, 2020, based on objectionable behavior, the court is authorized to hold a hearing to determine whether the tenant is continuing to persist in engaging in unreasonable behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes substantial safety hazard to others. 

For foreclosure proceedings, an action of stay is enacted in any circumstances wherein the judgment of sale has not been issued, and the adequate declarations of hardship are submitted to the foreclosing party or a court. This stay is valid until May 1, 2021. If the sale judgment has been issued but not executed by December 28th, then execution stays until a status conference is conducted with the parties. If the hardship declaration is filed, then the  Action stays until May 1st.  

[2.6] EXEMPTION FOR SENIOR CITIZENS  AND DISABLED HOMEOWNERS

The Act directs local governments to carry over SCHE and DHE exemptions from the 2020 assessment roll to the 2021 assessment roll at the same levels. This means that the to provide renewal applications for the same must be provided by localities to individuals who qualify for larger exemptions in 2021. This may be enacted via electronic or postal mail. 

However, autonomy is provided to localities to specify procedures wherein local assessors may require renewal applications from recipients they believe may no longer be eligible for the exemption in 2021. In furtherance of COVID-19 safety requirements, recipients are not required to show up in person to file their renewal if a renewal is required under any named circumstances. 

COVID-19 poses a historical hazard to public health. Citizens face displacement or foreclosure attributable to the mandatory disease control measures that have shut businesses and schools and induced widespread unemployment around the state. The contagion has also affected court procedures, the accessibility of counsel, plaintiffs’ ability to compensate for representation, and the ability to move freely to courts of law, settlement sessions, and other such institutions. Stabilizing the housing crisis for residents, landlords, and homeowners is imperative for all New Yorkers’ collective good and would help the state tackle the pandemic, safeguard public safety, and laid the groundwork for reconstruction. Therefore, the purpose of these laws is to prevent as many evictions and foreclosures as possible for people who have endured financial distress throughout COVID-19 or who are unable to travel due to the enhanced danger of serious illness or death from COVID-19. 

The law, which had been rapidly signed by Gov. Andrew Cuomo, has been proclaimed as “the strongest [legislation] in the nation to block eviction proceedings.” While, in concept, the goal is to shield tenants from eviction and owners from foreclosure and tax-related transactions, one will also recognize that the unintentional result of the extension of these provisions may have a disparate negative impact on small residential landlords. It should be remembered that the act does not exempt the rental property itself from eviction or tax lien sales if it is not the primary home of the landlord.

Despite the legislation, rent, taxes, and mortgage payments are not canceled despite the legislation, rent, taxes, and mortgage payments. This can render the possibility that the backlog of accrued liabilities can be insurmountable when payable, perhaps leading to bankruptcy. Furthermore, the small landlord remains vulnerable, especially because they are susceptible to enforcement against the real property. 

For more information on evictions, contact Undisputed Legal our Eviction Services department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us! We also invite you to check out Exceptions To The Eviction Moratorium

Sources

1. Governor Cuomo COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (L.2020, c. 381; Act)

2. Governor Cuomo Announces Moratorium on COVID-Related Residential Evictions Will Be Extended Until January 1, 2021, https://www.governor.ny.gov/news/governor-cuomo-announces-moratorium-covid-related-residential-evictions-will-be-extended-until (last visited Jan 8, 2021) 

3. Governor Cuomo Signs the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 Governor Andrew M. Cuomo, https://www.governor.ny.gov/news/governor-cuomo-signs-covid-19-emergency-eviction-and-foreclosure-prevention-act-2020 (last visited Jan 8, 2021)

4. Answering Petitions New York City Civil Court, (http://www.nycourts.gov/courts/nyc/civil/corona/evictions.shtml (last visited Jan 9, 2021)

5. Act, Part A, §2

6. Act, Part A, §§9, 9[5]

7. Act, Part B, Subpart A §§1, 3

8. This is also relevant to authorize the enforcement of eviction under a default judgment

9. Act, Part A, §7

10. As of December 28, 2020

11. Act, Part A, §8[a][i]

12. Act, Part A, §9[2]

13. Act, Part B, Subpart A §§2, 7

14. Act, Part B, Subpart A §8 

15. Senior Citizens’ Homeowners Exemption

16. Disabled Homeowner’s Exemption

 

HOW THE FORECLOSURES PROCESS WORKS IN NEW JERSEY

Undisputed Legal | Process Service

The foreclosure process in New Jersey is a two-tiered system involving both Superior Court General Equity judges and the staff of the Office of Foreclosure. The Office of Foreclosure is a unit in the Superior Court Clerk’s Office. The Office of Foreclosure handles seven types of foreclosure actions: (1) residential mortgage foreclosure; (2) multi-family/ commercial mortgage foreclosure; (3) in person am tax certificate foreclosure; (4) municipal in rem tax certificate foreclosure; (5) condominium lien foreclosure; (6) strict foreclosure (to remedy foreclosure action errors) and (7) Fair Foreclosure Act optional foreclosure procedures.

Foreclosure actions are filed in the Superior Court, Chancery Division, General Equity Part. All Foreclosure pleadings are filed with the Office of the Superior Court Clerk, Foreclosure Processing Services in Trenton. The types of liens that can be foreclosed are mortgages, municipal tax liens, and condominium or homeowner association liens for unpaid assessments.

If a landlord rents out a home or other property and that home or property is facing foreclosure, residential tenants may be protected by New Jersey’s Anti-Eviction statute, N.J.S.A. 2A:18-61.1 to 61.12. Legitimate residential tenants have the right to stay on the property notwithstanding a foreclosure.

Frequently, because lenders do not know tenants’ names, the foreclosure complaint will name “John Doe, Tenants No 1 to 10.” If a lender is unaware that the property is rented, a tenant may first be told about the foreclosure when the lender has a writ of possession and is attempting to remove the property’s occupants. If you are a tenant and are served with a complaint, you should consult an attorney. You may also provide the lender’s attorney with a copy of your lease.

Rescue Scams

Companies that promise to help you get a loan modification or to rescue your home from foreclosure are popping up all over New Jersey. You need to protect yourself and your home from scam companies that have no regard for you and your home.

You need to carefully check the company’s credentials, reputation, and experience, watch out for warning signs of a scam. Companies may falsely claim to be affiliated with a non-profit or government entity or endorsed by government officials. You should maintain personal contact with your lender and mortgage servicer. Your mortgage lender can help you find real options to avoid foreclosure.

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

HOW TO SAVE YOUR HOME FROM FORECLOSURE IN NEW YORK STATE

Undisputed Legal | Process Service

Foreclosure is a type of lawsuit. In a foreclosure, the holder of your mortgage asks a court to let them sell your house at auction in order to pay off your debt. If that happens, you could lose your home. The mortgage holder is often the bank that you borrowed the money from to buy the house, but it could be another bank or company that has taken over the mortgage. The mortgage holder will be the “plaintiff” in the lawsuit and you will be named as the “defendant.” You may not recognize the name of the plaintiff because you may be making payments to some other company that works for your lender called a “mortgage servicer.”

This section of the website tells you what to do in a New York State Supreme Court case after you get a foreclosure Summons and Complaint. If a foreclosure case has not been started yet, but you have missed mortgage payments or you have gotten an Acceleration letter from the mortgage holder, it is very important that you seek help now.

Foreclosure Case Basics

The foreclosure process in Court takes about a year from when the plaintiff starts a case to the sale of the home. This section gives you a general idea of what can happen in a foreclosure case and links to other places where you can learn more.

  1. Summons and Complaint: The plaintiff mortgage holder starts a case against you with written legal papers called a Summons and Complaint. Copies of these papers are delivered to you, the defendant borrower. The plaintiff files the papers in the Supreme Court. Plaintiff also files a Lis Pendens in Court. This warns other people that there is a court case about your property. The Summons and Complaint tell you and the Court what the case is about and that you have to file an Answer. When you get the Summons and Complaint, you do not have to move out of our home. The Judge is the only one who can order you to move.
  2. Answer: The Answer is where you tell the Court and the plaintiff your side of the story. It is very important that you answer the Summons and complaints. If you don’t, the Judge can order a foreclosure judgment against you and you will lose your home.
  3. Settlement Conference: If the foreclosure is about your home where you live and there are no more than four living units, your case will have a settlement conference within 60 days after the plaintiff files proof of services and an RJI with the Court. If you and the plaintiff agree on a settlement, the case is over.
  4. Discovery, Evidence, Trial: If the case is not settled at the conference, and you filed an Answer, the case then follows the basics steps of a court case. But, the plaintiff can ask the court for summary judgment if it thinks you do not have a good defense to losing your home.
  5. Foreclosure Judgment: If a Judge orders the foreclosure and sale of your home, it will be sold at an auction sale at the courthouse. You can stop the sale up until the auction by paying the money. The plaintiff can get a judgment of foreclosure after a trial, or after a summary judgment motion or a motion for a default judgment.

During the case, if you or the plaintiff want to ask the Judge for something in the case, this is done by filing motion papers or an order to show cause. For example, you might make a motion to let you file a late answer, or vacate a default judgment. The plaintiff might make a motion for summary judgment that you will need to answer.

See this flowchart on the Paths of a Foreclosure in New York State.

Answering the Complaint

If you got a Summons and Complaint, you need to deliver a written Answer form to the plaintiff and the Court. Your Answer is what you tell the court about what the plaintiff said in the Complaint. The Answer tells the court your defenses or reasons the plaintiff must not win the case.

The easiest way to make your Answer is to use the Foreclosure Answer DIY (Do-It-Yourself) Form program. This online program walks you step-by-step through the paperwork you need to complete, explains defenses, and gives you helpful definitions and legal information. When you finish the program you get the court forms you need and instructions on what to do next.

If you can’t use the DIY Form computer program you can print paper forms and fill them out by hand. If you are not sure that everything said in the Complaint as true, your Answer should say, “General Denial” at the beginning. After the General Denial, your answer form should say any defense or explanation that you might have. It is very important to write down any defenses you want to tell the court. If you do not put a defense in your answer you may not be allowed to talk about it later in the case. You may also make a counterclaim in your Answer.

If the complaint has a Verification at the end of it, this means that the plaintiff swore that the complaint is true. If there is verification you should make a verified Answer. You do this by signing the Answer in front of a notary public. If you got an E-filing Notice with the court papers, this means that you can serve and file your Answer over the internet using NYSCEF, the New York State Courts Electronic Filing system. Read about E-filing to see if this is something you want to do. If not, you can file your Answer in the same court where the case was started.

To serve the plaintiff with a copy of your Answer have someone 18 or older (not you and not involved in the case) mail or deliver a copy to the plaintiff’s lawyer. The person who does this for you must fill out an Affidavit of Service form. Then, make sure you file this proof of service form with the Court and keep a copy for yourself.

When to Answer/2nd Chance to Answer-The time to Answer the Summons and Complaint is either 20 or 30 days, depending on how you got the papers:

  • 20 days – if the Summons was given to you by personal (in hand) delivery
  • 30 days – if the Summons was given to you in any other way.

The time period includes weekends and holidays.  If you don’t Answer in time, but you attend the first Settlement Conference, you get a 2nd chance to answer the complaint. Your time to Answer is extended for an additional 30 days after the first conference. You do not have to make a motion to file a late Answer. 

What Happens if you Don’t Answer- If you don’t answer, the plaintiff can get a default judgment against you and you can lose your home. This can happen even if you attend the Settlement Conference. If you don’t Answer, the Court will not consider any defenses to the foreclosure that you have. You also may not get any future notices from the Court about what is going on in your case. Your house may be sold without you knowing it. If you don’t want to defend the foreclosure, but want to get notices of what is happening, you can file a Notice of Appearance form with the Court.

Filing a Late Answer– If your time to Answer has run out, ask the plaintiff to agree to let you file a late Answer. If the plaintiff says no, you can ask the Court by making a Motion or an Order to Show Cause. When you do, ask the Court to stop the rest of the case until the Judge decides if you can file an Answer. Attach a copy of the Answer you would file if the Court says yes. Read How to Ask the Court for Something to learn about Motions and Orders to Show Cause.

Foreclosure Settlement Conferences

The Court mails you a date, time, and place for a settlement conference. The Court date is sometime during the first two months after the plaintiff files proof of service and an RJI. A settlement conference is a meeting between you, someone from the Court (a Judge, Court Attorney, or Court Referee), and the plaintiff. The meeting is to talk about your case and to see if your foreclosure can be resolved. For example, you might see if the terms of the loan can be changed so you can afford to pay each month. Read the law: CPLR 3408.

Even if you go to the settlement conference you still need to answer the Summons and complaints. If you go to the first settlement conference, you have an extra 30 days to file your Answer. 

Getting Ready– It is important to prepare for the settlement conference. Meet with a free Housing Counselor. Find one here, in New York City, call 311. Try to figure out your budget and what you can afford to pay. This way you have the best chance of saving your home.

You must bring copies of your financial papers to the conference, like pay stubs, benefits information, list of monthly expenses, mortgage statement, proof of any rental income, property tax statements, income tax return, proposals to change your loan terms, and any information about attempts to work out a settlement before.  Go to the conference even if you have not prepared.

The Settlement Conference– Get to the court early because you may have to wait in a line to go through security. Listen for your name to be called. At the first settlement conference, if you have not filed an Answer, the court will explain that you have an additional 30 days to Answer the Summons and Complaint. You can use the free and easy online Foreclosure Answer DIY Form program to make your Answer. Or you can use a paper form. At the conference, the court will give you an information packet containing an information sheet about Answering a Foreclosure Complaint, an Answer Form, an Affidavit of Service, a Consumer Bill of Rights, A Foreclosure Case Flow Chart, and a list of foreclosure resources.

You and the plaintiff will talk with the court about settlement options, like paying the money owed overtime, changing loan terms, selling at a short sale, or agreeing to a deed in lieu of foreclosure. See Avoiding Foreclosure (Loss Mitigation). The plaintiff must bring copies of the mortgage and note, loan modification forms, a description of other loss mitigation options (alternatives to foreclosure), a copy of the Pooling and Service Agreement if there are investor restrictions, a list of missing documents, and any denial letters, to the conference.

If you and the plaintiff work out a settlement, it will be put in writing and signed by everyone and the case will be over. Read more about Settlements. If you don’t settle the case, you may get a new date to come back to court to continue the settlement conference. This may happen a few times.

If you filed an Answer and you and the plaintiff did not work out a settlement, the case is not over. You and the other side start Discovery. You and the plaintiff may work out a timeline to exchange information. If you don’t file an Answer within 30 days of the first settlement conference and you can’t settle the case, the plaintiff can get a default judgment against you and you can lose your home.

Foreclosure Judgments

There are three ways the plaintiff can get a judgment of foreclosure and sale: 1) after the defendant defaults by not answering the Summons and Complaint, 2) after winning a summary judgment motion, or 3) after winning a trial.

Before the Judge signs the judgment of foreclosure and sale, the Judge signs an Order of Reference. The Order of Reference sends the case to a Referee to add up the total amount that the plaintiff is owed under the terms of the mortgage. This amount includes principal, interest, late charges, foreclosure fees, and costs. After the Referee reports his or her findings to the Judge, the plaintiff asks the court to enter a judgment of foreclosure and sale. 

The Sale– After the Judge signs a judgment of foreclosure and sale, your home will be sold by the Referee at an auction sale at the courthouse to the highest bidder. The plaintiff puts a notice about the auction in a newspaper at least 30 days before the auction date. If you did not file an Answer or a Notice of Appearance, the plaintiff does not have to tell you about the auction.

You can stop the sale at any time up until your home is sold if you come up with the money owed to the plaintiff. This is called the Right of Redemption. You can also ask the court to stop the sale by making an Order to Show Cause. But once the sale is complete, you lose your home. You will get notice of when you have to move out.

The sale price may be more than the debt you owe. This is called a surplus. You can apply to the Court to get the surplus monies back. Speak to the Clerk or visit a Court Help Center. The sale price may be less than the amount you owe. This is called a deficiency. 

Asking the Court to Stop the Sale– You can ask the Court to stop the sale by making an Order to Show Cause. If you defaulted by never filing an Answer to the Summons and Complaint, you can ask the court to vacate (cancel) the default judgment and let you file an Answer if you have defenses to the foreclosure.

You can ask the Court to stop the sale by making an Order to Show Cause if you have a good reason, like:

  • You have the money owed
  • You are in the middle of refinancing your home with a loan that will cover the mortgage and other costs
  • You have found a buyer for your home and have an offer for a sale
  • You have filed for bankruptcy

The Order to Show Cause to stop the sale should ask the Court to stay the sale until the Judge makes a decision. Read How to Ask the Court for Something.

Remember! You can try to contact the plaintiff to see if your loan can be modified up until your home is sold. This is especially important if things have changed like you got a new job or you no longer have big medical expenses, and you think you will be able to pay the mortgage off over time. Use the Foreclosure Resources to contact someone to help you.

Foreclosure Resources

There are many free or low-cost services for homeowners in distress. Meeting with a lawyer or financial/housing counseling service will help you:

  • better understand your rights and the legal process
  • learn what options may be available to save your home
  • decide what is best for you

Important! Beware of Loan Modification scammers. Use the resources below to find trustworthy service providers in your area and learn how to protect your home and avoid foreclosure.

NYS Homes and Community Renewal Foreclosure Prevention 

Find information fact sheets for before, during, and after foreclosure.

US Department of Housing and Urban Development 

HUD provides a list of free or low-cost trained and approved Housing Counseling Agencies. Search for one near you.

LawHelp

LawHelp provides information for New Yorkers who cannot afford a lawyer. Find information about your rights, going to court and how to find a free or low-cost lawyer.

Empire Justice Center: web-based Foreclosure Guide

This interactive guide walks you through every stage of the foreclosure process so you can do your best to prevent the loss of your home.

Legal Services NYC Foreclosure Prevention & Homeowner Rights

Information on rights, resources, and legal assistance for people who live in Bronx, Brooklyn, Manhattan, Queens, or Staten Island.

Making Homes Affordable Program

Find information to help you throughout the foreclosure process, like tips to avoid foreclosure, what you’ll need to prepare to talk to the lender and different options you can consider.

NYS Attorney General Homeowner Protection Program (HOPP)

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.