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  1. #1
    Join Date
    Mar 2016
    Posts
    1

    Default Can You Still Receive a Security Deposit Refund After Foreclosure

    My question involves landlord-tenant law in the State of: New York

    My landlord never returned my security deposit after I moved out of the home back in 2010. I went to small claims court, where I won, however he still did not return my deposit.

    Six years have passed, and apparently the home I had rented has gone into foreclosure. The court notified me that there is a chance that I could receive money after the foreclosure sale, but with the current price of the home, and the amount my ex-landlord owes to the bank, the difference is high. Therefore, even the bank will not be able to receive the full amount after the sale. My ex-landlord also has other debts to pay, so I am not sure I will be able to receive any money. I understand that the current tenant can receive their security deposit when they move out, but is there any possibility that I can still receive mine?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,753

    Default Re: Can I Still Receive a Security Deposit After Foreclosure

    The judgement was against a person, not the property. The foreclosure didn't invalidate it. Of course, if the guy is broke and letting things fall into foreclosure, it's not likely it will be any easier to collect the deposit now as it was than it was from him six years ago when this was current. The BANK is not responsible to you at all.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,015

    Default Re: Can You Still Receive a Security Deposit Refund After Foreclosure

    Quote Quoting Junior22
    View Post
    s there any possibility that I can still receive mine?
    Judgments are good for 10 years in NY so there is still time to enforce the judgment against the defendant.

    The NY statute on Enforcement of Money Judgments will give you some ideas on how to proceed.

    http://law.justia.com/codes/new-york...vp/article-52/

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