Today, we delve into the intricate world of post-foreclosure evictions in New York, a topic that is often shrouded in complexity and legal jargon. Our aim is to demystify this process, providing you with a comprehensive understanding of what happens after a foreclosure auction takes place and a referee’s deed is issued.

Our office has a long-standing history of representing investors in these types of cases, and we are committed to sharing our wealth of knowledge and experience with you.

1. The Foreclosure Auction and the Referee’s Deed

In New York, when a property is foreclosed upon, it is typically sold at a public auction. The highest bidder at this auction is awarded the property, and a referee’s deed is issued. This deed is a legal document that transfers ownership of the property from the foreclosed homeowner to the winning bidder.

The issuance of the referee’s deed marks the end of the foreclosure process, but it is not the end of the story for the property. The new owner may need to initiate an eviction process if the former homeowner or any tenants or other occupants refuse to vacate the property.

2. The Post-Foreclosure Eviction Process

The eviction process in New York is governed by the Real Property Actions and Proceedings Law (RPAPL). After the referee’s deed is issued, the new owner must serve a 10-day Notice to Quit (with alternate 90-Day Notice) to the occupants of the property. This notice informs the occupants that they must vacate the property within 10 days or face legal action.  A certified copy of the Referee’s Deed is also provided with these notices.

If the occupants do not vacate within the 10-day period (or 90-day period if a bonafide tenancy can be established), the new owner can commence an eviction (holdover) proceeding in the local court. This involves filing a petition and serving it to the occupants. The court will then schedule a hearing, where both parties can present their case.

If the court rules in favor of the new owner, a warrant of eviction will be issued. This warrant authorizes a sheriff or marshal to physically remove the occupants and their belongings from the property.

3. Our Role in the Process

Our office has extensive experience in representing investors in post-foreclosure eviction cases. We understand the intricacies of the process and the importance of acting swiftly and decisively.

We guide our clients through each step of the process, from serving the notice to quit, to filing the eviction petition, to representing them in court and coordinating the sheriff/marshal. We understand that each case is unique, and we tailor our approach to meet the specific needs and goals of each client.

We also understand the importance of communication in these cases. We keep our clients informed at every stage of the process, and we are always available to answer questions and provide advice.

4. Conclusion

The post-foreclosure eviction process in New York can be complex and time-consuming. However, with the right legal representation, it can be navigated successfully.

Our office is committed to providing our clients with the highest level of service and representation in these cases. If we can be of assistance to you in this type of matter, or any eviction related matter, please contact our office at 516-932-4400 or 914-363-6250.