Vacation home Mortgage QualificationsHoliday Home Mortgage Qualifications
There is a reason for the need for the waiver in order to make sure that a real estate proprietor does not become completely bankrupt as soon as his main place of residence is taken from him. From 1997, the New York hometead liberation was raised from $10,000.00 for all districts to the following levels, according to the position of the homestead:
$150,000 for the Bronx, the Kings, Nassau, New York, Queens, Putnam, Richmond, Rockland, Suffolk and Westchester; $75,000 for the rest of the state. An indemnity confers on a borrower the right to demand a certain amount of own funds in his immovable property exempted from debt recovery in excess of what is due for mortgages or other pledges.
If, for example, a farm is resold by a marshal for over $200,000.00 in Kings County, the landlord is automaticly eligible for the first $150,000.00 before all other liens are made. Exemptions apply only to the "homestead" or principal place of domicile of a person liable for payment. They do not cover the second or holiday home(s) of an owners.
Even though a individual may try to invoke the leave for these houses as his "homestead", this right can readily be contested by presenting evidence of the real principal place of abode by presenting the adress on a driver's licence or voter's station. Whereas CPLR 5206 is applied to the settlement of a monetary judgement (personally), it is not applied to foreclosures.
It has been shown by case-law that the explicit wording of CPLR 5206 is applicable "to procedures relating to the settlement of a monetary judgment" and not to any other procedure". Since an enforcement order of a pledge is different from obtaining a monetary order, homestead relief is not an available means in enforcement procedures.