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Foreclosure in New York is:

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Question & Answer

Review the question and all answer choices

A

Non-judicial by power of sale

Non-judicial foreclosure by power of sale is incorrect because New York does not allow this method. Power of sale clauses enable lenders to foreclose without court supervision, but this is prohibited in New York except for specific cases like cooperative apartments.

B

Judicial through the court system

Correct Answer
C

Administrative

Administrative foreclosure is incorrect as New York does not have an administrative foreclosure process. This would involve government agencies handling foreclosures without court involvement, which doesn't occur in New York.

D

By strict foreclosure

Strict foreclosure is incorrect because while New York once used this method, it's now extremely rare. Strict foreclosure allows the lender to take title without a sale if the borrower defaults, but courts now typically require a sale in most cases.

Why is this correct?

New York requires judicial foreclosure through the court system. This means lenders must file a lawsuit, obtain a court order, and have a sheriff's sale to foreclose on a property. The court oversees the entire process, ensuring due process for the borrower.

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