How long does a NYC landlord have to ask for back rent before eviction?

Question by Jess T: How long does a NYC landlord have to ask for back rent before eviction?
I have a friend of mine going through an dilly of a perdicament. She has been living in a rent stabilized unit for 10 years on the Upper West Side. Recently she received an eviction notice saying that she owed back rent from 1999.

They asked her to furnish proof of payment but could not (who keeps receipts that long?) So does anyone know anything about tenent law and if this is even legal? The total of monies they claim she owes is 00 – a pitance I know, but still – can they evel legally evict her for that?

Best answer:

Answer by bostonianinmo
She should consult with an attorney, or speak to the tenants’ rights folks at City Hall.

A debt that old may be uncollectible. Additionally, time is of the essense in eviction cases for non-payment of rent so something that old is not likely to be enforceable even if it is valid and collectible.

Most likely the landlord is trying to kick her out so that he can raise the rent. Such tactics are illegal in NYC though some sleazy landlords will still try.

Know better? Leave your own answer in the comments!

Eviction and repossession?

Question by liz: Eviction and repossession?
I’m enquiring about a friend her and her husband are going through a messy divorce he stopped paying the mortgage so her and the kids can’t have the house, they were served with an eviction notice to be out next week and house be repossessed, he has since paid the mortgage arrears, I’m wondering if any1 knows if the eviction would now still take place or if it will be stopped because payment has been made, he has done this numerous times, this is really upsetting for every1 involved especially when no1 knows what is going to happen I’m hoping some body can help

Best answer:

Answer by Landlord
Yes, if he redeemed the loan everything should be OK. SHE should be making those payments if she is the one in the house, not him anyway.

She needs to call the bank and make sure. If she got an eviction notice the foreclosure happened already and redeeming it takes more then catching up the payments.

Give your answer to this question below!

Nottingham repossession and eviction lifeline

The Housing Possession Court Duty Scheme is designed to provide free, immediate legal advice and representation to individuals appearing in court who are at risk of losing their home. This video predates the formation of a new HM Government on 12 May 2010 and is retained for archive purposes only. It has offered real help and legal advice to people at risk of home repossession and eviction, and has assisted 1390 people in Nottingham in the past year. Legal Aid Minister Willy Bach visited the scheme on the 10 September 2009.
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How To Find The Best Repossession Companies For The Best Eviction Advice.

How To Find The Best Repossession Companies For The Best Eviction Advice.

There are around 100,000 mortgage possession actions instigated by banks and other lenders every year, many of which could have been stopped by prompt action, such as arranging a new mortgage with a repossession company.

If you are facing imminent repossession – or even if you are in mortgage arrears then it’s important to take action quickly. The problem is what action should you take and where should you look for repossession advice?

Overwhelmingly these days people looking for repossession help or repossession companies turn to the Internet. There is a massive amount of information on debt, debt relief, how to get out of debt and in particular articles and websites offering repossession advice (like this one!)

Perhaps the most important repossession advice available is to act quickly. Even one missed payment on your mortgage can be enough to start a downward spiral that quickly leads to a mortgage possession order.

If you’re only facing mortgage arrears, you may wish to turn to a remortgage company. By remortgaging your home you can free up equity from your property that can be used to relieve your debt problems; unfortunately most High St lenders will not lend to you if you face mortgage arrears – that’s why it’s worth scouring the Internet for a remortgage company who specialises in lending to people with credit problems. Try using search phrases like “remortgage help” or “remortgage advice.”

If you have missed several payments then your mortgage lender may instigate repossession proceedings. They will issue a claim form with a N11M, a further form that allows you to explain your position and what you intend to do about your debt. This is the time to act quickly – again, a remortgage company may be able to help you by finding a new mortgage that satisfies the courts that you are doing something about your debt AND gives you the cash to alleviate your debt.

Believe it or not, even if proceedings have gone further than that, there is still something you can do about it – searching for “repossession company” or “repossession help” can furnish you with a great deal of information about what to do in your situation, but essentially, even though it may seem like the last minute to you, a remortgage company can often stop repossession in its tracks – even if an eviction order has been issued.

The bottom line is that courts and mortgage lenders don’t want to take your home away from you – they would far rather the debt is paid off and you are able to continue living in your home. If you can demonstrate that you have the ability to pay off your mortgage arrears then the repossession proceedings will be stopped.

Once things get to the stage of a possession order or even an eviction warrant, you may be left with very little choice in terms of what you can do about it. Unless you can demonstrate a large source of income very quickly your only other recourse would be to a remortgage company who can contact the courts and show them that you have a new payment vehicle in place.

Whatever you choose, it’s important to get the most accurate and appropriate repossession advice available – find a repossession company with trained advisors who can give you professional help for your situation.

Tom Mead is a qualified mortgage advisor writing repossession advice editorial on how best to stop repossession and save your home.

Avoid House Repossession UK Top Tips to Stop Eviction in Its Tracks

If your looking to avoid repossession there are a few solutions entering the market place in the UK that can prevent you from being evicted and allow you to stay in your own home, the most popular out of these solutions is called the “Sell & Rent Back Scheme” which is designed for an investor to buy your property from you at a percentage of the market value allowing to clear your outstanding balance with the lender clear any unsecured loans and any arrears that you may have and allow you to remain in the property as tenant.

As an alternative to being evicted and depending on the property auction which may still leave you with debts that will be chased this can be a life saver for many individuals and family’s that have been hit by the UK’s growing credit crunch

there are some variations on this model, some allow you to be able to buy the property back form the company that has purchased it at a later date if you financial situation has improved this can often be discussed with the company’s looking to buy the property and it is not unusual for them to make this agreement as it works out well for both party’s

you can take advantage of one of these deals even if a repossession order has been put though court as you will find that the lenders are very welcoming to this kind of transaction taking place as all they are interested in is getting back the money that they are owed, you have to remember that repossession is a very expensive process for them to undertake so you will not find to much difficulty in stopping the repossession should you choose to go ahead with one of these deals

Everyone’s circumstances are unique, in order to make the best decision it always pays to seek expert advice.


If you would like FREE No Obligation advice about how you could Stop Repossession from happening then please visit our website and spare 2 minutes with our quick online form and one of our friendly advisers will be able assess and help you make the right decision.


go now to http://www.avoidhomerepossession.co.uk/

Surviving Financial Disasters: Bankruptcy, Foreclosure, Eviction, Auto Repossession, Excessive Debts and Much More

Product Description
Where can I go? Who can help? What should I do? Surviving Financial Disasters provides complete, clear and informative answers to difficult financial questions. This book unveils information attorneys, creditors, lenders, and agents withhold from consumers. Includes more than 100 topics, samples, federal statues, forms, resources and CD ROM …. More >>

Surviving Financial Disasters: Bankruptcy, Foreclosure, Eviction, Auto Repossession, Excessive Debts and Much More