Foreclosure Case Assistance

Summary

Users mothers home is in foreclosure and the case is before the Supreme Court in the Bronx. User also has a case in Surrogate Court for fiduciary control of her mothers estate, but her brother hasnt signed the waiver form. The judge is considering giving the deed over to the bank due to the outstanding debt of $515,000. User is seeking legal representation and has been advised to contact Bronx Legal Services for potential free legal aid. Users brother wants to sell the house to get his 1/3 share. User is considering options like short sale, refinancing, and selling a portion of the property to cover the debt and her brothers share.

Full Conversation

My mothers home is currently in foreclosure and the case is before the Supreme judgebin the Bronx Honorable Doris Gonzalez.
What stage is the foreclosure at currently?

General Information:
- Foreclosure laws vary by state.
- In New York, foreclosure is judicial and usually takes 445 days.
- Bronx Supreme Court: * Grand Concourse, Bronx, NY *, Phone: *-*-*.
I currently have a case also in Surrogate Court to have fudiciary control. However my brother didn’t sign the waiver form.
What is the reason your brother is refusing to sign the waiver form?

General Information:
- In NY, all parties must consent for fiduciary control.
- Bronx Surrogate's Court: * Grand Concourse, Bronx, NY *, Phone: *-*-*.
The judge is looking to close and give the deed over to the bank.
What is the reason the judge is considering giving the deed over to the bank?

General Information:
- Judges usually consider this when mortgage payments are significantly overdue.
- Contact Bronx Supreme Court for more details: * Grand Concourse, Bronx, NY *, Phone: *-*-*.
Because the house is in foreclosure and the bank is owed * * because my mom past in * and the fees accumulated
Explanation:

General Information:
- In foreclosure, if the debt isn't paid, the lender can take ownership of the property.
- Contact Bronx Supreme Court for more details: * Grand Concourse, Bronx, NY *, Phone: *-*-*.
Thank you I was looking for a way to save this house * generations
Have you considered speaking with a foreclosure defense attorney or exploring options like loan modification, short sale, or bankruptcy?
I don't havecan attorney for the Surrogate court can you provide information kindly. Thank you
What is the specific issue you need assistance with at the Surrogate court?

General Information:
- Surrogate court deals with matters such as probate of wills and administration of estates.
- Bronx Surrogate's Court: * Grand Concourse, Bronx, NY *, Phone: *-*-*.
I need an attorney for Surrogate court to help with my brother taking me to court and to get a contract of sale signed so i can have other options
What is the reason your brother is taking you to court and why is the contract of sale not being signed?
I don't know what happened
Could you please provide more details about the foreclosure and the Surrogate Court case? This will help me understand your situation better.
I lost the conversation
I'm sorry to hear that. Can you please clarify what you mean by "I lost the conversation"?
I don't see the last conversation i was texting someone
I'm sorry for the inconvenience. Can you please tell me who you were texting with?
Im not even sure they didn't state a name
Could you please provide more details about the legal issue you're facing? This will help me provide you with the most relevant information.
It was about a foreclosure in the Supreme court housr and im trying to save the family home for over * generations
What state is the property located in? This will help me provide you with the most accurate foreclosure laws and procedures.
Bronx
What is the current status of your foreclosure case in the Supreme Court?
Its in the Supreme court house and the Surrogate court
What is the case in the Surrogate court related to?
My brother has a partition action in the Supreme and filed a motion in Surrogate court to allow for him to have control over the estate for my mom. I currently have control over money but nit the esate because he hasn't signed the waiver form
What is the reason your brother hasn't signed the waiver form?
I really dont understand why
Have you tried discussing with your brother or his legal representative about signing the waiver form?
I need an attorney to help me with the Surrogate court so i can get legal representation before handing the deed over to the bank. Im trying to save the house
What is the current status of the partition action in the Supreme Court?
My brother wants the house sold and wants his */*
What steps have you taken so far to prevent the sale of the house?
Currently owed is * because of covid fees accured until now. My mom passed in *
What steps have you taken to address the debt owed on the house?
I have a moton to stay
What is the status of your motion to stay?
Its active but the Supreme court wants me to sign giving up the stay order
Why does the Supreme Court want you to give up the stay order?
To give the house the deed so they have whats iwed to them
What is the reason the court wants you to give up the stay order?
If the order is in place the sale of the house cannot take place i was informed once the deed us handed iver to the courts
What is the current status of the motion your brother filed in Surrogate court?
The datebis scheduled for the 12th of September and Supreme court want me to sign an agreement to hand keys over and to vacate broom ready
What is your plan for the upcoming court date on the 12th of September?
The judge said its in foreclosure since * its time to give the deed to the bank
What steps have you taken to secure legal representation for the upcoming court date?
I don't have one that's why im asking if you can assist me in obtaining an attorney
What is your financial situation? Depending on your income, you may qualify for free legal aid. In Bronx, you can contact Bronx Legal Services at (*) *-*.
Im currently working ill look into that thank you very much.
What is your income range? This information can help determine if you qualify for free legal aid.
Approximately *,*
Have you considered applying for free legal aid? In Bronx, you can contact Bronx Legal Services at (*) *-*. They may be able to assist you based on your income.
I will do that thank you
That's great to hear. If you have any more questions or need further assistance, feel free to ask.
Thank you
What is the current status of your application for free legal aid?
What options do i jave if my brother signs the form
What form are you referring to that your brother might sign?
Contract of sale form
What is the purpose of your brother signing the contract of sale form?
To sell the house
What is your brother's reason for wanting to sell the house?
He wants */* of his share
What steps have you taken to negotiate with your brother about his share without selling the house?
I haven't hiw can i save the house if my mom owed * we don't have that money to pay the bank back
Have you considered speaking to a financial advisor or a mortgage broker about refinancing the home loan?
Yes nany times and they are willing to work with me. Only if my brother signs off though
What is the reason your brother is unwilling to sign off on the refinancing?
He wants his */* from the house
What is the estimated value of the house? This information can help determine if selling the house is the only option to pay off the debt and give your brother his */* share.
* but im not sure about the conditions of the house needing about * worth if repairs
Have you considered selling a portion of the property to cover the debt and your brother's share, while retaining some ownership?
Im really guessing
What is the reason you're unsure about the condition of the house?
Nit the condition the price once appraised
What is the estimated value of the house after the necessary repairs?
* is the price thre judge quoted
What is the judge's basis for quoting the price of $*,* for the house?
Going by the zillow price not sure but by the listing price
What is the current market value of similar properties in your area?
* and higher
What steps have you taken to dispute the estimated value of the house?
I have a corner property
What is the estimated value of your corner property?
*
What is the current status of your application for free legal aid?
I have to contact them
What is the reason for the delay in contacting them for free legal aid?
Because i was informed i could not do anything until my brother signed the form
Who informed you that you couldn't do anything until your brother signed the form?
What ciuld i do if i did sell a shirt sale whats my options then
What do you mean by "shirt sale"? Are you referring to a short sale of the property?
I don't have fudiciary rights over the estate he didn't sign the consent form
What is the estimated value of the estate?
*
What steps have you taken to obtain fiduciary rights over the estate?
I sent my brother forms he didn't sign
What forms did you send to your brother for him to sign?
Consent certified mail
What is the purpose of the consent form you sent to your brother?
To have fudiciary rights over the estate
What is the current status of the consent form you sent to your brother?
He hasn't signed
What are the consequences if your brother doesn't sign the consent form?
I can't sell
What is the reason your brother is refusing to sign the consent form?
He wants the fudiciary control so he can get his */*
What steps have you taken to negotiate with your brother about the fiduciary control?
Im asking if he does comply what would be my options then
What is the estimated value of your brother's */* share in the property?
Im not sure rhats why im asking these questions
What is the estimated market value of the property? This will help determine the potential share for each party if the property is sold.
*
What is the estimated value of your brother's */* share in the property?
*/*;of the value im not sure what it is valued at
What is the estimated cost of the repairs needed for the house?
*,*
What is your plan to cover the cost of repairs?
The repairs necessary repairs need may be about *,*
What is the basis for your estimate of the repair costs being about $*,*?
If i can mortgage the house id repair upstairs and the windows and the pointing of the house and the floors and new doors
What is the estimated value of the house after the necessary repairs?
*
What is your plan if your brother refuses to sign the consent form and insists on selling the house to get his */* share?
To sell but what options do i have short sale
What is the estimated market value of the house after the necessary repairs?
*
What is the current market value of similar properties in your area after necessary repairs?
* and up
What is the estimated value of your brother's */* share if the house is sold at the current market value?
Roughly *,*
What is your plan for the $*,* that would be your brother's share if the house is sold?
I can't afford that
What is your plan to address the $*,* that would be your brother's share if the house is sold?
I'm asking what would be my options once my brother signs the contact of sale
If your brother signs the contract of sale, the house will be sold and the proceeds will be divided according to ownership shares. You may want to consult with a real estate attorney for more specific advice.
Thank you
What is the estimated value of the house after paying off the debt and your brother's share?
* of * to *
What is the current status of your foreclosure case in the Supreme Court?
*/*
What is the current status of your application for free legal aid?