To make matters worse, we have lost income because my job has been cut. We are trying to see if we can refinance to lower our payments, but the bank wants everything legal and we may be foreclosed on. Can you help us legalize our back room, which was an add-on, and do it soon enough to please the bank so we can talk to them before they foreclose?
A. In such a tough economy, your story sounds so familiar. I see this kind of problem almost daily for several reasons. Banks are reluctant to loan money; building officials' workloads have slowed considerably, giving them more time to review their files and issue violations; and people are in dire straits from the slowdown. Fortunately, you can be helped in many ways that may help you solve your problems. By having a professional stop by to go over your building conditions, it can be determined what, specifically, needs to be done. Some cases require zoning variances, others require preparing and submitting code-compliant building plans, and others just require inspections to get the work signed off on properly.
If your addition doesn't meet code standards, which can be strict, if not confusing, then work may need to be done to bring the addition up to code, but only after plans have been approved. Never do work without a permit, especially given your financial situation. If you did do work before obtaining a permit, and you get caught or do the wrong work, you may be issued a building violation, have to appear in court and may have to remove the work you did to correct it to an approvable condition. As for the bankruptcy or foreclosure problem, Nassau County has a service that can help you negotiate with your bank and save your home. By contacting the Default Counseling Prevention Hotline at (516) 571-HOME (4663), you can make an appointment to have someone go over your problem, examine your records and direct you to one of several financial programs or grants.
There are alternatives to foreclosure. Remember, it's not in the best interest of the banks to take your home. Getting 20 cents on the dollar at auction is just a waste to them. The district attorney's office can also advise you, and may even represent you in certain types of legal matters. At a recent bar association seminar, I was impressed with the amount of help available, free of charge -- the taxpayers of Nassau County are able to get the advice and legal guidance they need in these difficult times. I hope this will help you get to a more secure place in your life. Good luck!
