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Nonpayment of Rent Eviction Cases

What is a "nonpayment proceeding" in Housing Court?

In a nonpayment proceeding, the landlord is asking a housing court judge to award a judgment against the tenant for the unpaid rent as well as a "judgment of possession" and warrant of eviction, which allow the landlord to have a city marshal evict the tenant if the balance of the rent owed is not paid.

The basics of a non-payment of rent case

Things to know if you're facing a non-payment of rent case:

If you fail to appear and answer You can avoid eviction by paying the amount ordered by the court. You can dispute the amount that your landlord claims that you owe. You have a right to raise defenses. You can ask for a rent abatement Your landlord can only sue to evict based on unpaid rent. Payment plans are common you have a right to ask for more time to pay before you are evicted A limited amount of rent arrears assistance is available to certain tenants There are a number of resources available to tenants facing an eviction

Legal Disclaimer:

The information contained on this web page does not constitute legal advice and must not be used as a substitute for the advice of a lawyer qualified to give advice on legal issues pertaining to housing. For more, visit our page on AmoonyFashion Womens Zipper OpenToe HighHeels PU Solid Sandals Black lljywKZX

This information pertains only to tenants living in New York City.

Many of your rights depend on the type of housing you live in or your type of tenancy. You may be subject to different laws and have different sets of rights than even neighbors in your own building. Learn which rights and responsibilities apply to you.

In a nonpayment proceeding, the landlord claims that you owe rent. If the landlord wins, the court will award what are known as a money judgment and a judgment of possession (or "possessory judgment"). A money judgment permits the landlord to go after any assets you might have, such as bank accounts or your salary, to collect what is owed. The possessory judgment means that if you do not pay the amount determined by the court, the landlord can request a warrant of eviction and have a city marshal remove you from your home. If you pay the money judgment on time, the possessory judgment is satisfied and you cannot be evicted.

No. A landlord in New York City can legally evict a residential tenant only by obtaining a judgment of possession from a court and then having a marshal apply for a warrant of eviction. An actual, physical eviction can legally happen only after the tenant has been given notice of the court proceeding and an opportunity to come to court to present a defense. It is illegal for a landlord to force a residential tenant out by other methods, such as by changing locks or cutting off services.

A high DTI is the #1 reason mortgage applications get rejected. Blowfish Womens Hydro Pearl Rose Gold Dyecut TUdDHfN593
By combining you and your co-borrower’s debt and income, you may be able to reach a low enough DTI to meet lenders’ borrowing criteria. (At Better, we are able to offer loans with DTIs of up to 50% for creditworthy borrowers.) So if your co-borrower has a higher salary and/or less debt, that may make your “blended” DTI ratio much lower (and more favorable to lenders). Here’s an example:

In terms of credit, conventional lenders are required to use the lower credit score between the two of you for loan qualification and underwriting. That means that if one of your credit scores is below the lender’s required minimum score, you still will not qualify for a loan, regardless of how high the other co-borrower's score is. That also means that the lower of two scores will be used when determining how low the rates available to you are. So if your potential co-borrower’s credit score is significantly lower than yours and you don’t need their additional income to qualify for the loan you need, it might be best to not add them to the mortgage.

A co-borrower’s credit history can be useful if the other borrower has little or no credit history. This is often the case amongst young first-time home buyers. When lenders are deciding whether or not to approve them for a loan, the addition of a comprehensive credit history from a co-borrower can be beneficial.

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If it doesn’t make financial sense to add someone to your mortgage through all of the ways we’ve just discussed, you can always just add them to property’s title and not the mortgage. Doing so allows someone who is not liable for mortgage payments still have ownership of the property. So for example, if your spouse has a significant amount of debt or a low credit score that would hurt the mortgage application (or if they just don’t want to be financially liable for the loan), they can still have ownership interest in the home if their name is on the title.

Deciding whether or not to add someone else on your mortgage application is a big decision. Not only do you have to determine if doing so will strengthen your mortgage application, but you also have to make sure that you are both willing to share the risk of default on the mortgage and the general risks of homeownership. Keep in mind that you can always refinance your home down the road and add or remove co-borrowers or co-signers from the mortgage and/or title. If you’d like to talk through your options to help make these decisions, we’re here for you. You can Equiessentials CADET FLEX Ladies Rubber Boot Black gQitdVN1T
with one of our licensed Loan Consultants.

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Don’t let these common first-time homebuyer myths and misconceptions scare you away from buying your dream home.

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