New York Courts dot gov
New York StateUnified Court System

Information for Homeowners


Eligibility

Pursuant to Chapter 507 of the Laws of 2009, homeowners in danger of foreclosure are entitled to participate in court settlement conferences with their lenders, if the following criteria are met:

  • The case involves residential property; and
  • The property is a 1-to-4 family dwelling or condominium. The dwelling must be owner occupied.

 

Settlement Conferences

If you meet the above criteria, a Foreclosure Settlement Conference is mandatory provided the case was commenced on or after February 13, 2010. The court will schedule the conference within 60 days after you have been served with court papers.

If your case was commenced before February 13, 2010, a settlement conference is not mandatory, but you may request a conference by contacting the Clerk’s office of the court where your case is pending. Please note, however, that if your case involves a subprime, high-cost or nontraditional loan and was commenced between September 1, 2008 and February 13, 2010, a settlement conference is mandatory and you should contact the Clerk’s office of the court where your case is pending to confirm the date of the conference.

Please be aware that you must respond to your lender’s papers in a timely manner even if you have a court conference date or are in the process of scheduling a conference. Before your first conference, you may wish to review the following:

Answering a Foreclosure Complaint

Standard Answer

Affidavit of Service

Consumer Bill of Rights

Civil Legal Service Providers Listed by County

At the first settlement conference, the court may:

  • discuss the rights and obligations of the parties;
  • determine whether the parties can reach a resolution to avoid foreclosure;
  • evaluate workout/settlement options such as payment schedules or loan modifications;
  • design a plan to streamline future court proceedings if a settlement cannot be reached.

At the end of your conference, the court’s directives will be written into one or more of the following forms:

Intake Form

Status Form

Additional Information Form

 

Homeowner Resources

There are many free or low-cost services available for homeowners in distress. Meeting with a lawyer or financial/housing counseling service will help you:

  • better understand your rights and the legal process
  • learn what options may be available to save your home
  • decide what the best course of action is for you

For comprehensive resources on how to protect your home and avoid foreclosure, as well as a list of service providers in your area, please visit:

You can also find information about the New York State Attorney General’s Homeowner Protection Program at www.aghomehelp.com or by calling 1-855-HOME-456. If you live in New York City, you can call the 311 Hotline, which will direct you to free housing counseling and legal services.