
Motion to Dismiss Foreclosure Action and Notice of Motion Form


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People also ask
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What is the new law for foreclosure in NY?
The new law does not disturb New York's six-year statute of limitations on mortgage foreclosure actions. It simply restores a common-sense principle: no party may unilaterally stop and restart the statute of limitations to revive what would otherwise be a time-barred action.
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How long does it take to foreclose on a house in New York?
It takes at least 6 to 8 months for a fore- closure lawsuit to go from summons and complaint to auction — even if you ignore the court case. In reality, however, the process is taking much longer. If you file an Answer and appear at the mandatory settlement conference, it is taking lenders 1 to 3 years to foreclose.
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How long do you have to move out after foreclosure auction in NY?
In NYS the law mandates that after a foreclosure sale a Ten (10) day Notice to Quit must be served and a certified copy of the deed must be exhibited to the occupants/tenants of the premises. In addition, the law requires the service of a Ninety(90) Day Notice upon a bone fide tenant of the premises.
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How does a foreclosure auction work in New York?
In New York, the court will appoint a Referee to conduct the foreclosure sale. The Referee will present “Terms of Sale” at the auction that are agreed on by a purchaser but are not subject to attorney approval in the way that a traditional Purchase and Sale Contract for real property would be.
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What is a Judgement of foreclosure and sale in NY?
A Judgment of Foreclosure and Sale is the last step in a foreclosure litigation Proceeding before a foreclosure auction is scheduled; giving the debtor a “Consent Judgment of Foreclosure” agreement is a way to move the foreclosure along in a situation where the property owner is not looking for additional time at the ...
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What is a motion to dismiss foreclosure in Florida?
This is a motion that asks the court to dismiss the complaint because it is legally defective. A skilled and experienced mortgage foreclosure attorney who knows how to fight foreclosure will be well versed in the legal requirements of the mortgage laws of the State of Florida.
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Is a motion to dismiss a responsive pleading Cplr?
In New York litigation, one of the more common responsive pleadings is a motion to dismiss, pursuant to CPLR § R3211(a)(7), which can be asserted by any party against whom a claim is asserted.
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What is a summary judgement in foreclosure?
"Summary judgment" is a judgment in favor of the foreclosing party (called the "bank" in this article) after a borrower formally responds to a foreclosure lawsuit, but the response doesn't raise any valid issues or defenses. Once the bank gets summary judgment, it can proceed with a foreclosure sale.
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