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Is NYS a non-recourse or recourse on mortgages and equity loan

Posted on: 08th Mar, 2010 07:53 am
We have been waiting many months for a hardship mortgage or loan modification and if it doesn't go through we probably will have to let go of our house (which has an equity loan on it also). We would not be able to get enough to cover both, or even possibly the first by a sale, as the market on Long Island NY has bottomed out (as in other states etc). Will we still be responsible for the balance on both loans? How can I find out if we have a recourse, or non recourse on these loans?
Hi Pop,

As far as I know New York State is a no recourse state wherein the lender will be able to seize the collateral only if the borrower defaults the loan. He will not be able to recover the deficient balance from the borrower. You can check out your mortgage docs. It will be mentioned whether or not your loan is a non-recourse one.
Posted on: 09th Mar, 2010 12:45 am
I have a co-op going into foreclosure in NY. Can the bank and the co-op management company put a lien on a property my husband and I own together in the same state? My husbands name is not on the co-op deed
Posted on: 11th Feb, 2013 07:13 am
Hi Tara!

Welcome to forums!

There are high chances that the bank and the management company will be able to place a lien on your property. However, in order to do so, they will have to file a lawsuit and get a judgment.

Feel free to ask if you've further queries.

Sussane
Posted on: 11th Feb, 2013 10:34 pm
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