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Civil Term - Part Rules, Office of the Residential Foreclosure Part


Supreme Court, Queens County
88-11 Sutphin Boulevard
Jamaica, New York 11435
Room 22A
718-298-1092

Referees/Justices | Conference Days | Part Rules | Settlement Conferences

 

Referees/Justices

Presiding Supreme Court Justice:

Justice Marguerite A. Grays
Foreclosure Conference Part D (FC-D)
Foreclosure Conference Part S (FC-S)
Supreme Court, Queens County
88-11 Sutphin Boulevard
Jamaica, NY 11435
Courtroom 66
Justice Marguerite A. Grays Part Rules


Justice Martin J. Schulman
Foreclosure Conference Part C (FC-C) – [Back-up Justice for Tolling, Sanctions, Bad Faith, etc.]
Residential Foreclosure Status Conference Part (RFSC)
88-11 Sutphin Boulevard
Jamaica, NY 11435
Courtroom 67A

 

Presiding Court-Attorney Referees:

Lance Evans, Esq., Court Attorney-Referee
Foreclosure Conference Part A (FC-A )
Supreme Court, Queens County
88-11 Sutphin Boulevard
Jamaica, NY 11435
Room 42A

Gail Adams, Esq., Law Secretary to the Deputy Chief Administrative Judge
Foreclosure Conference Part (FC)

Maria Bradley, Esq., Law Secretary to the Administrative Judge
Foreclosure Conference Part C (FC-C)
Status Conference Part F

 

Conference Days

The Residential Foreclosure Parts (FC & FC-A) shall sit on Mondays, Tuesdays, and Wednesdays at 9:30 a.m. in Room 42A before Court Attorney-Referee Lance Evans and in Room 4001 before Court Attorney-Referee Toni Cimino, Thursdays at 9:30 a.m. in Room 42A before Court Attorney-Referee Toni Cimino and Fridays at 9:30 a.m. in Room 42A before Court Attorney-Referee Lance Evans.

Foreclosure Conference Part D will be held on Wednesdays at 10:00 a.m. in Courtroom 66 before Justice Marguerite A. Grays.

Status conferences (Status Conference Part F) will be held on Tuesdays at 2:15 p.m. in Room 42A before either Court Attorney-Referee Lance Evans or Court Attorney-Referee Toni Cimino on an alternating basis.

Status conferences (Residential Foreclosure Status Conference Part) will be held on Wednesdays at 9:30 a.m. in Courtroom 67A before Justice Martin J. Schulman.

Hearings (Tolling, Sanctions, Bad Faith, etc.) referred from the Residential Foreclosure Parts will be held on Wednesdays at 10:30 a.m. in Courtroom 67A before Justice Martin J. Schulman.  

Preliminary conferences (Referee PC Calendar) will be held on Thursdays at 11:30 a.m. in Room 3002 before Court Attorney-Referee Richard Lazarus.

Status conference screening calendars (Part SCS) will be held on Mondays at 9:30 a.m. in Room 22A before the clerical staff.  

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RULES OF THE RESIDENTIAL FORECLOSURE PART

 

These rules apply to those actions that are subject to CPLR 3408 and other residential foreclosure legislation.

1. All residential foreclosure actions that are filed should include the following language in the Complaint: whether this action involves a residential, one-to- four family, owner-occupied property upon which the mortgage is considered subprime, high-cost or nontraditional; whether plaintiff has served the homeowner with a 90 day notice as per legislation; and that plaintiff is the holder of the note and mortgage, or that it has a current, valid assignment of the note and mortgage.

2. Upon filing the affidavit of service of the summons and complaint with the County Clerk, plaintiff must submit a Request for Judicial Intervention for a Settlement Conference in Residential Foreclosure Actions.

3. Pursuant to CPLR 3408, this Part shall conduct a mandatory settlement conference for the purpose of holding settlement discussions pertaining to the relative rights and obligations of the parties under the mortgage loan documents, including, but not limited to: determining whether the parties can reach a mutually agreeable resolution to help the defendant avoid losing his or her home; evaluating the potential for a resolution in which payment schedules or amounts may be modified or other workout options may be agreed to; and for whatever other purposes the court deems appropriate.

4. Poor Person Applications: At the initial conference, any defendant appearing pro se shall be deemed to have made a motion to proceed as a poor person, and the court shall determine whether such permission shall be granted. If the court appoints defendant counsel, the court will adjourn the conference to a date certain for appearance of counsel and settlement discussions pursuant to subdivision (a) of CPLR 3408, and otherwise proceed with the conference.

5. Appearance by the Parties: At any conference held pursuant to CPLR 3408, the plaintiff, in the absence of written permission of the Part permitting a representative to attend the settlement conference telephonically or by video-conference, shall appear in person or by counsel, and if appearing by counsel, such counsel shall be fully authorized to dispose of the case. The defendant shall appear in person or by counsel. If the defendant is appearing pro se, the court shall advise the defendant of the nature of the action and his or her rights and responsibilities as a defendant.

6. Defendant pro se does not waive his or her jurisdictional defenses by appearing at the foreclosure conference. Any and all statements made, whether oral or written, and any and all information exchanged at the conference, shall be solely for the purposes of resolution and settlement and shall not be deemed to be admissions of any party with respect to the underlying action.

7. Plaintiff should attend the conference prepared to discuss the loan amount, default amount, payoff amount, and whether the lender is subject to the Making Homes Affordable program. Plaintiff may be asked to provide evidence of the status of defendant’s modification paperwork and should have telephone access to its client to address any of the Court’s issues. Plaintiff should be aware that a case may be adjourned numerous times at the Court’s discretion in order for plaintiff to demonstrate compliance with the above. Plaintiff must provide the court with the following information: whether the foreclosure affirmation has been filed, whether an Answer has been served on plaintiff, whether a preliminary conference has been held, whether an order of reference has been signed, and whether a judgment of foreclosure has been signed.

8. Defendant homeowner should attend the scheduled required housing counseling meeting. Defendant homeowners are strongly encouraged to go to a housing counseling agency and seek legal representation prior to attending the settlement conference.

9. Defendant must appear at the settlement conference prepared to discuss the following: whether the property is residential or commercial, defendant’s financial status, the cause of defendant’s default in paying the mortgage, whether defendant desires to remain in the property, and provide documentation to the Court if requested, and to plaintiff to evaluate the possibility of a loan modification.

10. Adjournments: Either party may request one adjournment of a matter, which will generally be granted by the Court. After the first adjournment, all further requests are in the Court’s discretion. The Part may be contacted via telephone or fax to advise that an action has been settled, discontinued or otherwise disposed of. No adjournments will be granted via telephone.

11. Applications to Judge: If a legal issue (tolling of interest, sanctions, bad faith, etc.) arises during the foreclosure conferences, either party may make a motion before the assigned IAS judge to request a review of said issue.

12. Further Proceedings: If the referee deems that a matter should proceed with litigation, an order will be issued indicating that the matter has not been settled and the parties may proceed with litigation. Any subsequent motions or applications will then be made to the assigned IAS judge and should contain as exhibits a separate statement from the moving party, detailing whether the action does or does not fit the criteria for inclusion in the Residential Foreclosure Program as well as a copy of the Attorney Affirmation pursuant to Administrative Order 431/11 or Certificate of Merit pursuant to Administrative Order 208/13. Additionally, any application submitted to the Court involving a foreclosure action, where a mandatory settlement conference was held pursuant to CPLR 3408 should contain a copy of the Residential Foreclosure Conference Order as an exhibit. If a party wishes to obtain information with regard to the status of the case, it may contact the Foreclosure Conference Part or access the computers in the County Clerk’s Office.

13. Status Calendar Part F - Upon the release of a conference from the part, the foreclosure referee will schedule the matter either for a status conference or a preliminary conference. If the parties wish to litigate and seek significant discovery and an answer is served, the referee will schedule the matter for a preliminary conference. In all other circumstances, the referee will direct the plaintiff to proceed with litigation and will schedule a final status conference for compliance with the directive. The referee will issue an order scheduling the matter for a final status conference, and indicating what documents, if any, must be filed by plaintiff. If plaintiff fails to comply with the order without good cause, the matter may be adjourned in the referee’s discretion or dismissed without prejudice.

Additional Status Conference Calendars (Residential Foreclosure Status Conference Part before Justice Schulman) and Status Conference Screening Calendars (Part SCS in Room 22A) will be created as needed to address the older foreclosure inventory. 

Any questions should be directed to the Foreclosure Conference Part by telephone at 718-298-1092.

Justice Marguerite A. Grays Part Rules

 


RULES OF THE RESIDENTIAL FORECLOSURE PART


For FC-D/FC-S

1. Foreclosure conferences for Part D are held on Wednesdays at 10:00 a.m. There are two calls of the calendar. The second call of the calendar will be immediately after the first call of the calendar.

2. Applications for adjournments on consent, or otherwise, will be entertained only at the call of the calendar, and will not be entertained by mail, fax, or telephone. Calendar service or non-attorneys will not be permitted to make applications for adjournments. Applications for an adjournment will be granted as a matter of right for the first time but for no more than three weeks. No further applications will be granted without permission of the Court. Counsel must make every effort to notify their adversaries of their intention to seek an adjournment.

3. Plaintiff MUST bring the following documents and information to the conferences: The summons and complaint; the closing package, including the Mortgage Note, Rider(s), and HUD-1 Statement from the last closing; loan resolution proposals, applications and any other information resulting from any previous workout attempts; a blank loan modification application/package; the date of default; the reinstatement amount; and the payoff amount.

4. Defendant(s) MUST bring the following documents to the conferences: Correspondence from the lender regarding defendant’s past due status; pay stubs for the past thirty (30) days; W2's/Tax Returns for the past two (2) years; proof of any other income such as alimony, child support and/or disability; lease(s) for Tenant(s); bank statements for the past 2 months (all accounts); monthly statements for bills/expenses currently being paid, including credit cards and car note(s); most recent property tax statement; credit report (if done recently); and a hardship letter explaining why defendant fell behind on his/her monthly mortgage payments.


FAILURE TO COMPLY WITH THE DOCUMENT/INFORMATION PRODUCTION SET FORTH IN SECTION 3 AND SECTION 4, MAY RESULT IN DISMISSAL OF THE ACTION OR RELEASE FROM THE PART
.

Copies of relevant correspondence in foreclosure Conference Part D matters may be sent to: FC-DPART@nycourts.gov .