Settlement Conferences
A Foreclosure Settlement Conference will be scheduled by the Court in most residential foreclosure cases. The Court will mail you the date, time and place for the settlement conference. The Court date will be within 60 days after the plaintiff files proof of service of the complaint and a document called an RJI. The purpose of the settlement conference is to see if your foreclosure case can be resolved.
Please be aware that you are required to Answer the plaintiff’s complaint 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
Civil Legal Service Providers Listed by County
If you don’t know how to fill out the Foreclosure Standard Answer Form you can use the DIY Foreclosure Answer Program. The DIY Program is a free and easy online program that walks you step-by-step through the paperwork you need to complete.
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:
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:
• Civil Legal Service Providers Listed by County
• Empire Justice Center: Web-Based Foreclosure Guide
• Foreclosure Avoidance Counseling
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.
E-Filing
Electronic Filing, or "E-filing" for short, is a system used to upload and track court files. While E-filing is not required for people without an attorney, there are benefits to using it. For example, with E-filing, you can:
• Serve and file documents electronically
• View your case file online
• Limit your trips to the courthouse
• Pay any court fees online
For more information, visit: E-filing.