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How to protect your rights in a foreclosure

On Behalf of | May 20, 2025 | Real Estate Transactions

Foreclosure can be a stressful situation, but you have several ways to protect your rights throughout the process. Understanding your options clearly can help you take control and make better decisions.

Understand the foreclosure process

First, learn how foreclosure works in New York. It typically starts when the lender files a lawsuit to reclaim the property due to missed payments. Knowing the timeline and key steps helps you stay ahead and prepare your response.

Respond promptly to legal notices

You will receive court papers called a summons and complaint. These documents explain the lender’s claim against you. Responding quickly and properly is very important. Ignoring these papers can lead to losing your home without a chance to defend yourself.

Explore options to avoid losing your home

Consider alternatives like loan modification, repayment plans, or refinancing. These solutions can sometimes stop foreclosure if you qualify. You can also look into selling your property to pay off the debt or negotiate with the lender for a short sale.

Seek assistance from housing counselors

Housing counselors provide valuable guidance on foreclosure prevention. They can help you understand your rights and explore different options. Many offer free or low-cost services to homeowners facing foreclosure.

Attend foreclosure court hearings

Participating in court hearings gives you a chance to present your side. You can raise defenses or challenge the lender’s claims. Staying involved in the process can influence the final outcome.

Use redemption rights if available

New York allows some homeowners to reclaim their property after foreclosure by paying the full amount owed within a certain period. This is called the right of redemption, and it offers a second chance to keep your home.

Protecting your rights means staying informed, acting quickly, and seeking help when needed. You have options even after foreclosure starts.