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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Is it to late to put a lein against a building that has gone

Resolved Question:

Is it to late to put a lein against a building that has gone into bankruptcy over a year and a half ago in Queens, NY.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  nathanmoorelaw replied 5 years ago.
Thank you for your question and welcome to JustAnswer.com.

What would the lien be for?
Customer: replied 5 years ago.
Second mortgage held by me for store and second floor apartment.
Expert:  nathanmoorelaw replied 5 years ago.
I am presuming then, somehow the debtor did not inform you of the bankruptcy?
Customer: replied 5 years ago.
Right.
Expert:  nathanmoorelaw replied 5 years ago.
In that case, I will be transferring you to an expert that is more informed on the remedies for creditors who were not informed of bankruptcy proceedings. Please hold on.
Customer: replied 5 years ago.
ok.
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

1) Has the building already been sold?

2) Was there an actual Bankruptcy or a foreclosure, or both?

3) Was the building worth more or less than the first mortgage?

Customer: replied 5 years ago.

1)Not that I know of.

 

2)Have no idea. Cannot get in touch with owner.

 

3)More at the time.

Expert:  cfortunato replied 5 years ago.

Last question:

How much does this person owe you?

Customer: replied 5 years ago.
About $25,000.
Expert:  cfortunato replied 5 years ago.

Last questions:

If the money you owe this person is a mortgage for the property, why don't you already have a lien on the property?

Are you actually asking if you can foreclose the property?

 

Customer: replied 5 years ago.
No, I didn't know if I'd waited to long to do anything. I had given the owner of the property one year to straighten things out and not pay me thinking it would help his situation. At the time he mentioned bankrupcy but didn't want to. When I tried to get in touch with him after that year was up, he was gone and the place is boarded up. The bank has the first loan then me.
Expert:  cfortunato replied 5 years ago.

To get a lien on the property, you first have to get a judgment. To get a judgment, you have to sue this person in Civil Court. You can hire an attorney to do this for you, or you can do it yourself. If you want to do it yourself, you can get the necessary forms from the clerk at the Civil Court in your county (or borough if in NYC).

 

I think this is what you wanted to know. If not, please let me know.

Thank you!

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you