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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3618
Experience:  Experienced real estate lawyer and real estate broker.
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If I were to pay them (its less than $5000) then could I start

Customer Question

If I were to pay them (its less than $5000) then could I start a small claim against them, and under what grounds. Furthermore if I pay can I pay under protest and must they accept the full payment?
In the alternate, if I seek a TRO, and obtain it does that toll the time for payment. Meaning if the TRO is signed, and a case ensues in which hypothetically the court disagrees with me in total or partially, will I still have the opportunity to make payment and not lose my interests?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 7 months ago.
Yes, you should pay them less and start a small claims case since you are within the New York state small claims limits. That would be my suggestion to you. Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.
Customer: replied 6 months ago.

What language should I submit payments with to insure that if they accept the money in accordance with the non judicial foreclosure that they to not move forward on same, and that same payment(s) are being made under protest, and not consenting to owing the monies demanded and paid herein.

How can I insure that the foreclosure is not moving forward. Is there a public record, or otherwise?

Expert:  WiseOwl58 replied 6 months ago.
Yes, it would be a public record filed with the court in the county in which the property is located. Now, Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.
Customer: replied 6 months ago.

I am not sure if you are aware of the fundamentals of this issue. This is a non judicial foreclosure. It is not going through the judicial process and is done pursuant to UCC 9. There is no court record.

Please re-read this stream of questions and amend your answers accordingly.

You will even notice that I asked language to insure acceptance will halt any and all actions and that such would be under protest or language that will preserve my rights after payment so that the coop does not argue that I paid and it s over.

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