A recent study estimates that 57% of foreclosed properties are still occupied.
A Cash Investor’s Guide to Securing Your New York Home Post-Foreclosure
Introduction: Discoveries from recent studies unveil a surprising statistic—around 57% of foreclosed properties manage to retain occupants. This revelation might raise eyebrows, but there’s a strategic motive behind it. Banks, fundamentally in the business of lending, reluctantly find themselves homeowners post-foreclosure. This twist in ownership compels banks to prefer occupants in the property, even amid foreclosure proceedings, to curb vandalism risks and uphold the property’s condition.
Why Foreclosed Homes Stay Occupied: Amid media tales of individuals seemingly living rent-free after foreclosure, the truth is nuanced. While banks don’t intentionally overlook payment collection, certain scenarios may enable homeowners to stay in their homes sans payments, though this risky strategy can lead to legal entanglements.
Legal Ways to Preserve Your Home Post-Foreclosure in New York:
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Wait It Out: Though not the most favorable choice, an increasing number of homeowners opt to endure the foreclosure process. It’s imperative not to hastily abandon the property, as proceedings typically span around 9-12 months or potentially longer. Persistence is key, but homeowners should act well before eviction becomes imminent.
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Seek Legal Intervention: In rare instances, judges may grant stays and postpone evictions when homeowners, with legal representation, prove the bank neglected a legal requirement during foreclosure. This option is complex, costly, and time-consuming, requiring robust legal support.
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Propose a Move-Out Incentive: Crafting a “cash for keys” arrangement proves successful for some homeowners, where compensation is offered for vacating the property amicably. This approach not only benefits homeowners but also spares banks and potential buyers from the legal and financial hassles of eviction.
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Embrace Temporary Rental: Surprisingly, certain banks entertain the notion of previous homeowners becoming tenants in their foreclosed properties. Although a short-term fix, it permits homeowners to stay until the property is sold. In specific cases, homeowners might even secure an option to repurchase and continue residing in the property.
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