New York State - Suffolk County Court Issues New Rules Regarding Expedited Foreclosure Process

• By: ALFN
• On: 12/04/2017 22:25:21
• In: Legal Update

These combined motions are now being permitted in Suffolk County for residential foreclosures (excludes reverse mortgages) provided the Defendant-Mortgagor is in default in answering the complaint and the Defendant-Mortgagor has not appeared at the Foreclosure Settlement Conference Part.  This does not require any additional information from the servicers.
 
Participation in this program is voluntary and eligibility for participation is as follows pursuant to program rules:

1. Only foreclosure actions involving residential properties are eligible for inclusion   - “Reverse  Mortgages” are NOT eligible.  
2. The defendant-mortgagor must have defaulted by not answering or moving on the complaint.
3. The defendant-mortgagor[s] did not appear at the first scheduled conference in the Foreclosure Settlement Conference Part and the case was released to an IAS Part.
4. There must be no pending application for a modification filed with plaintiff.
5. Plaintiff must waive a deficiency judgment (RPAPL § 1371).
6. There must be no answer filed by any other defendant that requests any relief other than protecting their position upon a surplus or merely a notification of a sale.
7. Plaintiff's application must meet all legal requirements and proof required for a default pursuant to CPLR § 3215, RPAPL § 1321 and for a judgment of foreclosure and sale pursuant to RPAPL § 1351, including but not limited to proof of service of the summons, complaint, notice of pendency and other statutory required; and the filing of any affirmation/affidavit required by statute (CPLR 3012-b) or Administrative Order
8. The application must be made within 180 days after release from the Foreclosure Settlement Conference Part.

For additional questions and timeline details, please contact Rosicki, Rosicki & Associates, P.C.
EMAIL: jwarren@rosicki.com  
PHONE: 516-741-2585