Your Family Still Has Rights—Even in Foreclosure

Just because your home is in foreclosure doesn’t mean your family has no power. The legal system actually gives you a lot of important rights, especially in New York. These rights are meant to protect your family, give you time, and make sure things are fair.

Here’s what your family is legally allowed to do during the foreclosure and eviction process:

During Foreclosure:

• The Right to Be Notified

Your parents must be officially told—in writing—that the bank is starting a foreclosure case.

• The Right to Respond

Your family can (and should) respond to the court papers. This is called an Answer, and it’s where your parents can say if something in the bank’s case is wrong—like if they actually did make the payments.

• The Right to a Settlement Conference

The court will schedule a meeting called a settlement conference. This is a chance for your family and the bank to sit down (with the help of the court) and try to work out a solution—like a lower monthly payment or a new loan plan.

• The Right to Request a Loan Modification

Your family can ask the bank to change the terms of the loan to make it more affordable.

• The Right to Fair Treatment

The bank has to act in good faith—they can’t lie, delay things for no reason, or refuse to work with your family just to be difficult.

• The Right to an Attorney

Your parents can hire a lawyer, and if they can’t afford one, they may be able to get free legal help (more on that in the Resources section).

• The Right to Stay in the Home

Just because the case has started doesn’t mean your family has to move out. You have the right to stay in the house until the legal process is completely over.

• The Right to Appeal

If the court makes a decision your family disagrees with, your parents can ask a higher court to look at the case again.

During Eviction (If the House Is Sold):

• The Right to Due Process

The new owner must take your family to court before trying to remove you from the home. This is called a Landlord/Tenant or Eviction case.

• The Right to Time

Eviction cases can also take time. Your family has the right to respond and explain their situation to a judge.

• The Right to Be Free from Harassment

Banks or new owners cannot legally threaten your family, place signs on your property to shame you, or call constantly. If they do, the court can order them to stop.

Bottom Line:

Even in the middle of something as serious as foreclosure, your family still has legal rights. Understanding them is the first step to standing up for yourself—and getting the time and support you need.