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Mortgage Forbearance under New York State Banking Law Section 9-X

What is a Mortgage Forbearance?

A Forbearance is when you ask your mortgage servicer or lender to allow you to temporarily pause paying your mortgage. You also have the option of temporarily paying your mortgage at a lower payment.

Once the mortgage forbearance is granted, you get to skip making payment for a set amount of time.  Normally the time granted is 180 days with possible extensions of another 180 days.  Under the CARES act 15 months of forbearances is allowed.What a forbearance doesn’t do is eliminate the money that is owed. You will have to pay the missed payment back at a later date.

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What are the options to repaying the missed payments under mortgage forbearance?

Different banks and loan servicers have different criteria for repayment of missed payments under forbearance. And, depending what kind of forbearance it was different lays may apply.

For instance, under New York State Banking Law Section 9-X there are 4 alternatives for repayment of missed payments for mortgage forbearance.

Who is eligible for forbearance under the CARES Act?

1.       If you have experienced financial hardship directly or indirectly due to the coronavirus pandemic; and

 

2.       You have a federally backed mortgage, these include but are not limited to HUD/FHA, VA, USDA, Fannie Mae, and Freddie Mac loans.

When is the deadline for applying for a Forbearance under the CARES act?

Mortgage ForbearanceThe deadline for requesting an initial forbearance under the CARES act is June 30, 2021.

If you miss the deadline to apply for a Forbearance under the CARES Act, you have other options.

1.       You may qualify to refinance your loan with your bank.

2.       You may be able to secure a loan modification if you do not qualify to refinance.

3.       You may be able to apply for a forbearance under another law like New York State Banking Law Section 9-X.

4.       You may be able to file bankruptcy and repay your arrearage over a 3 to 5 year period or qualify for a loan modification in bankruptcy.

5.       These are not your only options, if you need help reach out to a HUD counselor or speak with an attorney about your options. One of Hud’s main functions is to have HUD agency approved Housing Counseling help consumers across the United Stated make informed housing decisions. The HUD Department has been doing this for more than 50 years to help homeowners navigate residential mortgage issues .  (https://www.hud.gov/program_offices/housing/sfh/hcc )

What are the criteria for getting a forbearance under New York State Banking Law Section 9-X ?

1.       The home must be your primary residence and be located in New York.

2.       Your “banking organization” must be a New York regulated banking organization or a New York regulated mortgage servicer.         

3.       You must have suffered a financial hardship as a result of the COVID-19 pandemic.

4.       Your loan should mot have been in foreclosure or accelerated prior to March 7, 2020.

5.       The time line to apply started March 7, 2020 and is schedule to end when the state of emergency is lifted.

 

 

If you do not qualify under New York State Banking Law Section 9-X, you still may qualify under the CARES act to get a Forbearance or have other options you can explore.

 

It is the policy of PSCB Lay to ensure 100% privacy to our clients. We will never sell or share your information.  If we are not the required attorney for you, we will ask your permission to share your information with an attorney we think may be able to help if we cannot.

 

Whether you need help with a Mortgage Forbearance, credit services, debt relief,  loan modification, loan review including terms & interest, property valuation, real estate investment, mortgage payments,  or mortgages creation we have a privacy policy designed to protect you while we offer you or your business a menu of services.  Our center goal is to help homeowners in NY and NJ.

 

The content of our website was designed to provide you with general knowledge, but if you have specific questions, please contact us.  We will go over your specific situation to develop a plan to protect your rights even if you think it is too late to contact your bank’s department of financial services, we will work to make sure your rights are protected.  Email, phone, or fax, all that is required is that you reach out for additional information.

 

You can search Google, Twitter, Facebook, Reddit, or other places online for days looking for information that specifically applies to you as a homeowner. You can hear reporting about Governor Andrew Cuomo in the press or on the news talking about businesses rights, the latest executive order, and interests of different agencies of the government, but you may not subscribe to the same vision for your future, or feel you are being skipped over by the latest executive action / order. You can skip trying to learn how to practice every aspect of law yourself and talk to an attorney who has helped borrowers like you navigate big bank’s departments for loan modification applications. Loss mitigation with banks involves more than loan modification, and you should talk with an attorney to review all of your options so you are insured that your homes protected from your bank trying to steal it.  

 

Once you are signed with our firm, we will begin working towards a future where you have a program that will help support you monthly. You will know your future, and the steps we are taking for your protection.  The impact you feel in your community will not be small. You are just one more person sucked up in the national problem of COVID waiting for the next bill from congress or regulation or sign from above that is going to   

 

We are here to help provide you support and assistance in these times of COVID to navigate the institutions and banking industry financial services by providing the resources you need to get through the legal forms your bank requires.  Not every form is the same at every bank or even department with in a bank or mortgage servicer, but the current term provided by most consumer / residential programs continue to work towards a grant of relief for your economic response. 

 

Call us at 844-533-3367 or email us at [email protected]focusedlaw.com

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The Law Offices of Patel, Soltis, Cardenas & Bost provides probate, bankruptcy, foreclosure and loan modification representation to clients throughout the States of New Jersey and New York area with offices in Jersey City, Freehold, Hackensack, Manhattan, The Bronx, and Brooklyn. This website is a Legal Advertisement. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney client relationship. We are attorneys, but we are not your attorneys until a retainer has been signed.

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What are the criteria for getting a forbearance under New York State Banking Law Section 9-X ? 1. The home must be your primary residence and be located in New York. 2. Your “banking organization” must be a New York regulated banking organization or a New York regulated mortgage servicer. 3. You must have suffered a financial hardship as a result of the COVID-19 pandemic. 4. Your loan should mot have been in foreclosure or accelerated prior to March 7, 2020. 5. The time line to apply started March 7, 2020 and is schedule to end when the state of emergency is lifted. Who is eligible for forbearance under the CARES Act? 1. If you have experienced financial hardship directly or indirectly due to the coronavirus pandemic; and 2. You have a federally backed mortgage, these include but are not limited to HUD/FHA, VA, USDA, Fannie Mae, and Freddie Mac loans.
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