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"Referee" is the correct term (jargon for court appointed party, who gets paid a really minimal fee) in NY, thanks; and there are several kids of referee's one to compute and one to sale.
During the foreclosure process, when the plaintiff (lender) determines that the defendant (borrower) is unable to negotiate a settlement, the plaintiff requests judicial intervention. If the foreclosure process continues, the court will appoint a referee to determine the amount of the debt (<--referee to compute )and, upon issuing a judgment of foreclosure, the referee proceeds to sell the property. (<--Referee to sell) The referee schedules the sale, appears in court on the appointed date and time and sells the property at auction, closes the sale, distributes the proceeds of the sale (including payment of any surplus funds to the County Clerk within five days of closing), and files the Report of Sale with the County Clerk within 30 days of closing, unless the court grants an extension.
Referees are selected from a list of eligible referees established under Part 36 of the Rules of the Chief Judge (Part 36 Eligible Fiduciary List). The court verifies the eligibility of the referee before appointment. A judge can also appoint a referee who is not on the list if he/she determines there are special circumstances, and must then notify the fiduciary clerk and the administrative judge of this decision in writing.
Back to the chronology - the foreclosure process effects a title change similar to closing. IN NY;
"After a foreclosure sale, federal law says that the new owner or the bank must give you a written 90 day notice to move out before starting a case to evict you in Court, even if you don’t have a lease. If you have a lease that has more than 90 days left on it, you can stay until the end of the lease unless the owner wants to live in your apartment. If the new owner wants to live in your apartment, he or she can send you a 90 day notice telling you to move for that reason. But, the 90 day rule does not apply to rent-regulated tenants, like rent-controlled or rent-stabilized tenants. Their rights are the same before and after the building is sold in foreclosure to a new owner. This includes the right to a renewal lease.
If you don’t move out after a 90 day notice, the new owner can start a case in court to evict you. This case is called a holdover. The owner’s court papers must have any notice he or she must give you, plus the 90 day notice and a certified copy of the new deed attached or you can ask that the court to dismiss the case by making a motion or order to show cause. But, even if the case is dismissed, the owner can start it again. Read more about Evictions to learn more."
A bank usually bids to protect their ability to recover; they are basically protecting their interest because they are losing the collateral in sale.. Every sale I have gone to, the bank has always bid; and it has always been in the amount of the loan owed to the bank.. Although, I in my first sale I asked the lawyer for the bank about their bid and the guy responded "I am not going to tell you my strategy;" and then two second later he bid at the level of the loan! He had no strategy.. just instructions on what to do,.
At that moment I knew that real estate was a "headless" (unthinking) process for banks and buyers alike
"Referee" is the correct term (jargon for court appointed party, who gets paid a really minimal fee) in NY, thanks; and there are several kids of referee's one to compute and one to sale.
During the foreclosure process, when the plaintiff (lender) determines that the defendant (borrower) is unable to negotiate a settlement, the plaintiff requests judicial intervention. If the foreclosure process continues, the court will appoint a referee to determine the amount of the debt (<--referee to compute )and, upon issuing a judgment of foreclosure, the referee proceeds to sell the property. (<--Referee to sell) The referee schedules the sale, appears in court on the appointed date and time and sells the property at auction, closes the sale, distributes the proceeds of the sale (including payment of any surplus funds to the County Clerk within five days of closing), and files the Report of Sale with the County Clerk within 30 days of closing, unless the court grants an extension.
Referees are selected from a list of eligible referees established under Part 36 of the Rules of the Chief Judge (Part 36 Eligible Fiduciary List). The court verifies the eligibility of the referee before appointment. A judge can also appoint a referee who is not on the list if he/she determines there are special circumstances, and must then notify the fiduciary clerk and the administrative judge of this decision in writing.
Back to the chronology - the foreclosure process effects a title change similar to closing. IN NY;
"After a foreclosure sale, federal law says that the new owner or the bank must give you a written 90 day notice to move out before starting a case to evict you in Court, even if you don’t have a lease. If you have a lease that has more than 90 days left on it, you can stay until the end of the lease unless the owner wants to live in your apartment. If the new owner wants to live in your apartment, he or she can send you a 90 day notice telling you to move for that reason. But, the 90 day rule does not apply to rent-regulated tenants, like rent-controlled or rent-stabilized tenants. Their rights are the same before and after the building is sold in foreclosure to a new owner. This includes the right to a renewal lease.
If you don’t move out after a 90 day notice, the new owner can start a case in court to evict you. This case is called a holdover. The owner’s court papers must have any notice he or she must give you, plus the 90 day notice and a certified copy of the new deed attached or you can ask that the court to dismiss the case by making a motion or order to show cause. But, even if the case is dismissed, the owner can start it again. Read more about Evictions to learn more."
A bank usually bids to protect their ability to recover; they are basically protecting their interest because they are losing the collateral in sale.. Every sale I have gone to, the bank has always bid; and it has always been in the amount of the loan owed to the bank.. Although, I in my first sale I asked the lawyer for the bank about their bid and the guy responded "I am not going to tell you my strategy;" and then two second later he bid at the level of the loan! He had no strategy.. just instructions on what to do,.
At that moment I knew that real estate was a "headless" (unthinking) process for banks and buyers alike
All of which is irrelevant to the OP's questions; but it's nice that you learned at least part of how foreclosures work in New York.
Sothe woman texted asking if I was moving out and to remind me if I was not I need to pay rent. I told her that I did not find a place and that I would never not pay rent.
Anyway, 3 days after I moved in I told them the tub and sink was clogged....the woman said the previous tenant never said anything...I told her I was only there 3 days so not sure why they never said anything....long story short they never fixed it....just kept offering to dump drain unclogger in it. This morning I was on the phone with my sister telling her tub was clogged bad now and to look up a plumber for me. This morning the landlord guy, who I asked to have no contact with (see previous post in this thread) sends me a txt asking
what s wrong with the tub....this means he is listening to me on the phone....I replied what are you talking about...he did not respond. Why would he bother asking....they never fixed it in the first place....this guy is really creeping me out
Part of my lease includes wifi and cable....I sometimes work from home for the bank. When I went to use the internet last night it said password changed. I txtd the landlord with no response and called twice. I ended up bladting my tv, car stereo andmaking a lot of noise in the apt but they said nothing. I left my air conditioner on this morning when I left for work to see if I get a txt. I have realky had it at this point....any advice?
Well, I personally would be thrilled to death knowing that someone with access to my financial records is using a regular old residential-class wifi in a house that doesn't even belong to them. Let me guess, Wells Fargo?
Well, I personally would be thrilled to death knowing that someone with access to my financial records is using a regular old residential-class wifi in a house that doesn't even belong to them. Let me guess, Wells Fargo?
Most banks do have people who work from home....it is part of contingency planning.....my car insurance also works from home.....not sure what the reason for your comment is.
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Wifi password changed
