Before Any Notice: The Ninety Days You Do Not See
Nothing visible happens first. A payment is missed, and within 90 days of the loan becoming delinquent the first lien holder or its agent completes an exterior inspection to determine occupancy. You are not told and there is nothing to find at the property.
Then, while the loan remains delinquent, that inspection repeats every 25 to 35 days at different times of the day. The framework is on our page covering the inspection and the registry.
What you can do in this period: tell the servicer there was a fire, before or as soon as a payment is missed. A file with a reason on it is read differently from a silent one.
Day Zero: The Paper Appears
Where a determination is made that the property is vacant and abandoned, within seven business days a notice must be posted on an easily accessible part of the property, reasonably visible to the borrower, owner or occupant. It carries contact information and asks the homeowner to contact the servicer.
If nobody is visiting a burned, empty house, day zero passes without anybody knowing it happened. That is the single most common failure in this market and it is why the advice on this site is to go and look at the door.
The Seven Days After
Where the posted notice is not responded to and persists for seven consecutive days, the determination hardens and what follows it engages.
What to do: call the number on the notice, and do it within days rather than weeks. Then speak to a New York lawyer, because from this point the questions are legal rather than practical.
What Does Calling Actually Achieve?
What Runs Underneath All of It
The registry. Loans delinquent 90 or more days are reported to the Department of Financial Services, including the inspection dates, the determination date, the date the notice was posted, every action taken to secure and maintain, and whether a foreclosure has been commenced.
The expedited route. Section 1309 lets a plaintiff seek an expedited judgment of foreclosure and sale for property found vacant and abandoned, on evidence including the basis for that finding and an itemised account of sums due.
Where a Sale Fits
Earlier is worth more than later, and the reason is specific rather than general. While you hold the property and control the timetable, a sale realises whatever equity exists. Once a process is running on somebody else's schedule, it does not.
That is why the first question we ask is about the loan rather than about the fire.
Can You Still Buy It Once a Notice Has Gone Up?
What We Do With Your Address
The county clerk's records. First, for what is recorded against the property and whether anything was discharged.
The parcel and permit record. For the build year and history, which bears on the structural question.
Local sale evidence. For what the house would be worth repaired on your actual street.
The structure. Whether the framing survived, which decides the repair-or-rebuild question and matters more here after each winter.
What Comes Back
A written figure with each line visible: finished value, cost of the work, carrying cost and margin. Where a loan position is unresolved, its effect on our timetable is stated as its own line rather than folded into a vaguer number.
What If Repairing Beats Selling?
What Never Happens
No fee at any stage. No request that you clear the site, commission a report or repair anything first. No requirement that your claim be settled. No assignment of the contract to a third party. We do not contact your servicer, we do not ask for authority to do so, and we do not remove anything posted on the property.
Common Questions About the Process
How Long Does It Take?
Address to written figure is usually a few days. Closing is quick on a clean title and slower where a delinquent loan has to be resolved. The insurance claim does not have to be settled first.
Do I Need to Be in New York?
No, and somebody needs to be checking the front door. That is the one task distance makes genuinely harder here.
A Notice Has Already Been Posted.
Then call the number on it, speak to a New York lawyer, and tell us at the start. It is workable and it changes the timetable for everybody.