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What is a holdover case?
After a lender forecloses, either it or a third-party purchases the property at foreclosure auction and becomes the owner of the property. Thereafter, the new owner of the property will commence a holdover proceeding in the local court to remove or evict you from the property. While there are defenses which may be raised by an occupant/respondent named in a holdover proceeding, time is of the essence because these proceedings transpire on an expedited basis. As such, it is important to get legal assistance as soon as you receive any post foreclosure notices, such as a “notice to quit.”
What should happen before I receive a holdover petition?
The new property owner is required to serve you with a notice to quit at least 10 days prior to commencing a holdover proceeding. Moreover, if you have a valid lease to occupy the property, you may be entitled to service of a notice at least 90 days prior to the commencement of a holdover proceeding pursuant to RPAPL 1305.
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