Effective June 24, 2020, the following rules apply to
residential and commercial foreclosure proceedings as per Administrative Judge
Lawrence K. Marks memorandum
dated June 23, 2020:
Like eviction proceedings, commencement documents must be filed only by NYSCEF or by mail and commencement papers for
residential and commercial foreclosure proceedings are required to include:
- A form plaintiff’s attorney affirmation, indicating that counsel has reviewed the various state and federal restrictions and qualifications on foreclosure proceedings and believes in good faith that the proceeding is consistent with those restrictions and qualifications; and
- A form notice to defendants-tenants (in English and Spanish), informing them that they may be eligible for an extension of time to respond to the complaint in light of legal directives related to the COVID-10 pandemic, and directing them to a website link for further information.
In addition, regardless of whether an answer is filed,
further hearing of the case shall be stayed until Executive Orders suspending
deadlines for the prosecution of legal matters expire. However, the following
may proceed:
- Foreclosure matters wherein all parties are represented by counsel may be calendared for both initial and follow-up virtual settlement conferences;
- Lenders may move for a judgment of foreclosure and sale on the ground that a property is vacant and abandoned; and
- Lenders may also move to discontinue a pending case.
No motions shall be entertained or decided, except for
motions to discontinue and motions for judgments of foreclosure for vacant and
abandoned property only.
Stay tuned as Administrative Judge Lawrence K. Marks is
expected to issue further directives on foreclosures at or before the Executive
Orders suspending deadlines expire.
