Real Estate Law
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Are you talking about the owner doing so?
Has there actually been a foreclosure sale yet or is it still in the process of being foreclosed on?
Yes, you are still the legal owner of the property until the bank forecloses and has a public foreclosure auction to the highest bidder.
So there is nothing that would prevent you from auctioning off the house on your own to sell it prior to it being foreclosed on. The caveat is that you would have to get a price of at least what is owed on it or any sale would fail because you couldn't convey clear title to a purchaser.
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And Do you know the Length of Time ( Months /Years ) we Might be able to Stay in our home while going through bankruptcy due to all the Legal back log ?
If you were to time any BK filing and wait until just a few days before a foreclosure sale was scheduled to happen, then file BK, you are looking at likely 7-9 months more before the trustee would release the house from the BK estate so the bank could continue any foreclosure action.
NY has one of longest foreclosure timelines in the country...averaging between 2.5 and 3 years from the time a borrower defaults and stops making payments.
So timed correctly, you can drag out a foreclosure for a very long time in NY.
If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work.