Foreclosure Eviction and Appeal

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Foreclosure Eviction and Appeal

I purchased a home at a foreclosure auction in Brooklyn, NY. The owners/defendants filed a motion to dismiss due to improper service. They lost the motion and are appealing this decision as well as the foreclosure action. The bank will defend the appeal. I plan to close and evict them in the near future. I have the following questions: 1) If the owners/defendants were to win on appeal, what would the consequences be (assuming I have evicted them by the time the appeal get decided)? Would the court order the property be given back to the defendants? Or, would I remain in the house and have to pay them the value of the house? Or, would I stay in the house, but the bank would have to pay them the value of the house? 2) Are there any problems in the eviction? There are about 10+ people living in the house, including the 75 year old mother/co-owner. Would the court prevent an eviction while the appeal is pending? Or, would a court prevent an eviction due to the elderly mother or other possibly disabled persons living there?

Asked on June 3, 2009 under Real Estate Law, New York

Answers:

Tanya Dwyer / Dwyer & Associates LLC

Answered 12 years ago | Contributor

If they win the appeal due to improper service, then they will keep the home.  You will not have a chance to evict them. 

This is ont legal advice.  If you would like to learn more, please contact Dwyer & Associates LLC.

Phone: 718-690-9503

E:mail: [email protected]

Website: http://www.DwyerLawNYC.com


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