A New York foreclosure occurs when a property owner can no longer make mortgage payments. After a foreclosure and sale, however, a property owner may not immediately vacate the property.
The new owner may have to evict them accordingly. After a foreclosure, the eviction process in New York involves:
Notice to Quit
Per New York law, the new owner of a property must serve the owner with a 10-day “notice to quit” after a foreclosure sale. The law states a new owner may serve such notice in the following ways:
- By personally delivering the notice to the former property owner
- By personally delivering the notice to an individual whose age and other such characteristics indicate they can be trusted to pass on the notice to the former property owner
- By posting the notice on a conspicuous part of the property (such as a front door)
Within one day of delivering the notice to a person who may deliver it to the former property owner, or within one day of posting the notice on a conspicuous part of the property, a new owner may also mail a copy of the notice through certified mail.
The law discourages serving a notice to quit at a person’s place of employment. However, if a new property owner doesn’t know the former property owner’s current residence, they can serve a notice to quit by mailing it to their place of business. Doing so is likely to be unnecessary in these circumstances.
The law also requires providing a certified copy of the deed in foreclose during this step. Providing this documentation shows a former property owner that the property has been sold in foreclosure.
Going to Court
Serving the notice to quit gives a former property owner 10 days to vacate a property. They might refuse to do so once this 10-day period ends.
If this happens, a new property owner’s next step would typically be to take legal action. Going to court and obtaining a warrant of eviction may be necessary when a former property owner will not comply with a notice to quit.
Other Options
A new property owner may be happy to let a former owner remain on the property as a tenant. If the former property owner refuses to leave, but can show they’re able to pay rent (despite being previously unable to make mortgage payments), a new property owner may decide allowing them to stay on the property is less costly and time-consuming than finding a new tenant.
Such an arrangement isn’t ideal in all scenarios. However, depending on the specifics of your situation, it may be an option to consider.
Eviction After Foreclosure in New York: The Importance of Legal Assistance
Navigating the foreclosure and eviction processes in New York can be complex. Simplify it by enlisting the help of a qualified legal professional. With a lawyer on your side, you’ll never have to wonder what your next step is during an eviction.
Get Foreclosure and Eviction Legal Help in New York
At Roach & Lin, P.C., our New York real estate attorneys are on hand to offer the guidance you need right now. Learn more about what we can do for you by contacting us online today for a case review.
