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Ask AttyHeather Your Own Question
AttyHeather
AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 665
Experience:  Attorney with 15 years experience
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Unfortunately my condo was put up and it was sold in

Customer Question

Unfortunately my condo was put up for auction and it was sold in February of this year I was just wondering I know that they have the right to do this butt unfortunately my condo was put up for auction and it was sold in February of this year I was just wondering I know that they have the right to do this but I never got a chance to speak myself to anybody and I was more than willing to pay them everything except for charges on their that were for lawyer fees from the lawyers that used to own the condominium or run the condominium maintenance company I also filed chapter 7 about 6 years ago I purposely left the mortgage and my car out of the bankruptcy does that help me at all right now they want me out next week
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 11 months ago.

Hi, I'm Heather, an attorney with 15 years experience, and I'd like to assist you this evening for informational purposes.

Some states have the right to redeem the property after the foreclosures sale. But, unfortunately, New York is not one of those states. As such, if the condo has been sold, and if you were unable to negotiate keeping the property before the sale, I am unaware of anything under New York law that you can do. I know that this is not likely what you wanted to hear, but it would not do you any good for me to not give you correct information. I know that you need to have the honest truth so that you can govern your actions accordingly.

Best of luck to you.

Customer: replied 11 months ago.
Ty, I've already called the new owner and he has agreed to rent me the property which all together, not having to pay the maintenance cost it's actually cheaper to rent and now its something goes wrong I go to the landlord so I'm really not that bad but thank you so much
Customer: replied 11 months ago.
Now that the maintenance company has done this and they put the House for auction do they have the right to charge me $12,000 and lawyer fees which is why I couldn't pay it I'm only behind $3,000 on my maintenance
Expert:  AttyHeather replied 11 months ago.

The answer to your question depends on several facts. Was the foreclosure done by a bank/lender, or was it done by the maintenance company? How much was bid at the foreclosure sale? Did they bid the full amount or was there a deficiency? If there was a deficiency, then yes, they have the right to pursue you for the deficiency. What a hard situation, but I'm glad to hear that you have been able to work something out with the new owner.

Expert:  AttyHeather replied 11 months ago.

Have I answered your question?

Heather