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James J. Quail & Associates, P.C. James J. Quail & Associates, P.C.
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Displaced Tenant from Foreclosure: James J. Quail & Associates Successes


James J. Quail & Associates, P.C. and our Massapequa real estate attorneys were retained to represent a tenant who resided in a property location that was foreclosed. This is always a difficult and legally sensitive situation. On one hand, the bank has the right to foreclose property that has fallen behind on mortgage payments. On the other hand, a third-party tenant has the right to housing, especially when they have no clue that the property is on the verge of foreclosure. What is the solution?

Negotiating a Solution for All Parties

After the bank brought a landlord-tenant proceeding to evict our client, we moved fast to bring an Order to Show Cause, filed in the Second District Court in Lindenhurst. Recognizing that we meant business and would do what we could to protect our client’s rights, the bank agreed to enter negotiations with us. We were able to reach amicable terms upon which our client could remain in the property until the end of his original lease.

Using our vast knowledge of real estate law, we were able to identify and use the relevant legislation for this case. Section 1305 of the Real Property and Proceedings Law (RPAPL) allows a tenant to remain in the property for the greater of 90 days, or the remainder of the lease term if they fit certain criteria. Although our client did not technically fit the criteria, our application was based on the spirit of the law, and we had the legal prowess needed to uphold our argument. In the end, we were able to negotiate a longer and smoother transition than what would have originally been provided.

Do you require a Massapequa real estate lawyer for a real estate dispute of your own? You can contact our firm at any time to request a free initial consultation. We have been serving clients throughout the region since 2000 and have built a solid reputation of case successes.