The court step that still comes
Buying at the auction does not let the new owner remove occupants on its own. In New York, the purchaser usually must serve a written notice and then start a summary proceeding in housing or local court, or ask the foreclosure court for a writ of assistance, before a marshal or sheriff can carry out a removal. Former owners and tenants receive different notices and protections, and tenants often have considerably more time. Court papers carry a response date, and appearing matters even if you plan to leave, because the judge can set or extend a move-out date. Changing the locks or shutting off utilities to force people out is not a lawful substitute for that process.
Negotiating the move-out
Purchasers, banks, and their agents often prefer a negotiated departure to a court case, and a cash-for-keys agreement is the usual form. Read it closely: the condition the home must be left in, what happens if the move date slips, whether the payment depends on leaving fixtures in place, and whether you release claims you might still have from the foreclosure. Get every term in writing and keep a signed copy. If you are still challenging the foreclosure itself, talk with us before signing, since some agreements end that challenge too.
Belongings, debt, and what comes next
Belongings left behind after a removal are handled differently depending on the county and the officer carrying it out, so take what matters most with you before the removal date. A separate question is whether any debt survives the foreclosure: New York lenders generally must ask the court for a deficiency judgment within a limited time after the sale, and some loans or agreements give up that right. Keep the notice of sale, the referee's deed or report if you have them, all notices from the new owner, and any offer letters. At our first meeting we confirm which notices have been served, how much time you are likely to have, and whether a deficiency claim is still possible.
