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Webcrims foreclosure question

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busymomonli
Resident Insomniac

Member since 4/13

2052 total posts

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Webcrims foreclosure question

I've been watching a webcrims foreclosure case for a home in my neighborhood. The house has been in foreclosure since 2010. About a year ago, it went from an active case to "disposed". So I assumed some type of arrangement had been made since the people are still in the house and haven't moved out. I got an email alert that the status changed to "restored", a new judge assigned, a new attorney for the bank, and a new court date of next week.

Does this mean that its going to be foreclosed soon? Or does the process start all over again? I know the people and they are just sitting it out and haven't paid anything since 2010. Its such an eyesore because they are not caring for the property at all.

Message edited 3/22/2017 12:25:03 PM.

Posted 3/22/17 12:24 PM
 
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pumpkinmom
LIF Adult

Member since 5/12

2912 total posts

Name:

Re: Webcrims foreclosure question

Idk. Is it in a nice neighborhood? Maybe I could renovate and live there, lol. Nassau or just over the suffolk boarder only. Chat Icon

Posted 3/22/17 12:56 PM
 

starbrightgirl8
LIF Adolescent

Member since 1/16

537 total posts

Name:

Webcrims foreclosure question

I assume by Webcrims, you mean the eCourts site (foreclosure is civil, not criminal). eCourts can be wildly inaccurate for foreclosure cases, so it could really mean anything.

The "disposed" could mean that the court granted a default or summary judgment or it could mean that it dismissed the case because the bank wasn't taking action. Even once judgment is granted, it can take years until the judgment of foreclosure and sale is granted, and then the auction would need to be scheduled, and then eviction proceedings if the borrowers aren't leaving. It could also mean that the bank dropped the ball and waited too long to move for judgment, then the court may have dismissed the case.

"Restored" could mean that after judgment was granted, the borrowers appeared and had the judgment vacated, so the case was restored, or if the case was dismissed for lack of prosecution, the bank's attorney may have moved to restore the case.

Based on the information you gave, it sounds like the bank's old attorney probably failed to move the case along, the court probably dismissed it, and the new attorney moved to have it restored. It could be at any stage of the foreclosure process. You'd have to look at the motions and appearances to piece together a guess about what stage it is at.

eCourts really gives you minimal information, and each county/Judge enters things differently. Foreclsoure in NY is a long process, especially downstate, and there can be many delays from all sides of the equation.

Posted 3/22/17 12:57 PM
 

NervousNell
Just another chapter in life..

Member since 11/09

54921 total posts

Name:
..being a mommy and being a wife!

Re: Webcrims foreclosure question

since 2010?
Damn, why do I bother paying my mortgage every month.
Seems you can live in a house payment free for 10 plus years around here.
It's actual insanity.

Posted 3/22/17 12:59 PM
 

Salason

Member since 6/05

9878 total posts

Name:

Re: Webcrims foreclosure question

Posted by NervousNell

since 2010?
Damn, why do I bother paying my mortgage every month.
Seems you can live in a house payment free for 10 plus years around here.
It's actual insanity.




The people across the street from me have been for 8yrs. They've been buying time sending their kids through a top school district yet NOT paying their taxes. They have maintained the property thank fully but has the nerve to throw snow and leaves on his neighbors property. The guy is batshit crazy though so nobody says anything. It keeps going up for action but then nothing ever happens.

Message edited 3/22/2017 1:26:09 PM.

Posted 3/22/17 1:17 PM
 

NervousNell
Just another chapter in life..

Member since 11/09

54921 total posts

Name:
..being a mommy and being a wife!

Re: Webcrims foreclosure question

Posted by Salason

Posted by NervousNell

since 2010?
Damn, why do I bother paying my mortgage every month.
Seems you can live in a house payment free for 10 plus years around here.
It's actual insanity.




The people across the street from me have been for 8yrs. They've been buying time sending their kids through a top school district yet paying their taxes. They have maintained the property thank fully but has the nerve to throw snow and leaves on his neighbors property. The guy is batshit crazy though so nobody says anything. It keeps going up for action but then nothing ever happens.



The laws in the state of NY are ridiculous when it comes to this.
I hear it's much different in other states.

Posted 3/22/17 1:20 PM
 

busymomonli
Resident Insomniac

Member since 4/13

2052 total posts

Name:

Re: Webcrims foreclosure question

Posted by starbrightgirl8

I assume by Webcrims, you mean the eCourts site (foreclosure is civil, not criminal). eCourts can be wildly inaccurate for foreclosure cases, so it could really mean anything.

The "disposed" could mean that the court granted a default or summary judgment or it could mean that it dismissed the case because the bank wasn't taking action. Even once judgment is granted, it can take years until the judgment of foreclosure and sale is granted, and then the auction would need to be scheduled, and then eviction proceedings if the borrowers aren't leaving. It could also mean that the bank dropped the ball and waited too long to move for judgment, then the court may have dismissed the case.

"Restored" could mean that after judgment was granted, the borrowers appeared and had the judgment vacated, so the case was restored, or if the case was dismissed for lack of prosecution, the bank's attorney may have moved to restore the case.

Based on the information you gave, it sounds like the bank's old attorney probably failed to move the case along, the court probably dismissed it, and the new attorney moved to have it restored. It could be at any stage of the foreclosure process. You'd have to look at the motions and appearances to piece together a guess about what stage it is at.

eCourts really gives you minimal information, and each county/Judge enters things differently. Foreclsoure in NY is a long process, especially downstate, and there can be many delays from all sides of the equation.



Thank you, this is actually very helpful. What I think has happened is exactly what you said about the previous attorney failing to go forward with the case. This is the third firm involved in this case and it just never seems to go anywhere. The defendants have not appeared to any of the hearings. I just can't believe someone can live in a home for 7 years without paying anything. It boggles my mind.

Message edited 3/22/2017 1:21:12 PM.

Posted 3/22/17 1:20 PM
 
 

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