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    Administration

    Hon. Sandra Perez
    Part 41/Master Foreclosure Judge 
    Foreclosure Master Status Calendar (FMSC)
    25-10 Court Square
    Long Island City, NY 11101
    Courtroom 103

    • Presiding Court-Attorney Referee
      Daniel Gordon, Esq.
    • Presiding Court-Attorney Referee
      Isiris Isaac, Esq.

    Foreclosure Conference Part 
    Supreme Court, Queens County
    88-11 Sutphin Boulevard
    Jamaica, NY 11435
    Room 42A

    Residential Foreclosure Part Rules

     

    Answering a Foreclosure Complaint - Form

     

    The Residential Foreclosure Part (Part FC-E) shall sit virtually on Mondays, Tuesdays, and Wednesdays before Court Attorney-Referee Daniel Gordon.
    The Residential Foreclosure Part (Part FC) shall sit virtually on Thursdays and Fridays before Court Attorney-Referee Isiris Isaac.

    Servicer calendars (FC-S) shall sit virtually on Wednesdays before Court Attorney-Referee Daniel Gordon.

    The Settlement Conference calendar will be held remotely in a Microsoft Teams meeting, and can be accessed by clicking the following link: FSCPART. No in-person appearance is required. Please make sure you have access to Microsoft Teams and a working microphone and camera. The camera shall be turned on during any appearance before a Judge or Court Attorney- Referee.

    All appearing attorneys must be fully familiar with the facts and procedural history of the case, its present status, and authorized to dispose of the case and have immediate telephone and electronic mail access to their client to respond to case-related questions from the court during the conference.

    Hearings (Tolling, Lack of Good Faith, etc.) from the Residential Foreclosure Parts will be referred to Justice Scott Dunn for determination.

    Status conferences (Status Conference Part F) will be held remotely in a Microsoft Teams meeting on Tuesdays at 11:00 a.m., and can be accessed at the following link: Status Conference-SCF.
    Status conferences (Foreclosure Master Status Calendar) will be held before Justice Sandra Perez and will be scheduled by Justice Sandra Perez.

    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 sub-prime, high-cost or nontraditional; whether plaintiff has served the homeowner with a ninety (90) day notice pursuant to the current legislation in effect; 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. When applicable, upon filing the affidavit of service of the Summons and Complaint with the Queens 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. Fee Waiver 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 counsel for the defendant, the court will adjourn the conference to a date certain for the 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, until further notice, shall appear virtually, and if appearing by counsel, such counsel shall be fully authorized to dispose of the case. The defendant shall appear virtually 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 servicer of the loan, loan amount, reinstatement amount, payoff amount, and whether there are any investor restrictions applicable to the loan. Plaintiff may be asked to provide evidence of the status of defendant’s modification paperwork and should have telephone or virtual 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 or certificate of merit 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, whether a Judgment of Foreclosure has been signed, and whether a previous action had been filed and discontinued or dismissed relating to this loan.
    8. Defendant homeowner should attend the scheduled required housing counseling meeting. Defendant homeowners are strongly encouraged to go to a housing counseling agency and/or seek legal representation prior to attending the settlement conference.
    9. Defendant must appear and be prepared for the settlement conference and also be 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 this is defendant’s primary residence, 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 (1) 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 email [email protected] or by telephone 718-298-1092 to advise that an action has been settled, discontinued or otherwise disposed of, but the matter will not be marked off unless there is consent of both parties or a signed stipulation of settlement or discontinuance. No adjournments will be granted via telephone.
    11. If an issue arises re: tolling of interest, lack of good faith, etc. during the Residential Foreclosure Conferences, either party may make an application to the presiding Court Attorney-Referee pursuant to CPLR §3408 and request the matter be referred to Justice Scott Dunn for a determination of the issue. Upon completion, the case will be referred back to the Residential Foreclosure Conference part for further proceedings.
    12. Further Proceedings: If the referee deems that a matter should proceed an Order will be issued indicating that the 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 Queens County Clerk’s Office, or review the Queens County Clerk records via NYSCEF.
    13. Status Calendar Part F - Upon the release of a conference from the Residential Foreclosure 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, 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 Judge’s discretion or dismissed without prejudice.
    14. Settled cases - For all cases that are settled in the Foreclosure Settlement Conference Part, the Referee will issue an Order stating the matter is settled and directing the parties to file a Stipulation of Discontinuance with the Queens County Clerk within ninety (90) days of the conference Order. Failure to file the stipulation may result in further conferences.

    Foreclosure Auction/Partition Sale Rules

    An Auction will not go forward if it is not on the Auction Calendar.

    All auctions will be in accordance with these rules:

    All foreclosure auctions/partition sales will be held in accordance with the Unified Court System Safety and Operational Protocols.

    1. Location: Foreclosure auctions/partition sales will be conducted and supervised by the Court-Appointed Referee at the Queens County Supreme Courthouse located at 88-11 Sutphin Boulevard, Jamaica, NY, on the second floor in Courtroom 25 at 10:00 a.m. on Fridays.

    2. Day and Time of Sale:  Auction sales will be held weekly on Fridays, commencing promptly at 10:00 a.m.  The properties will be auctioned in staggered sessions. The sessions will be held at 10:00 a.m. and 11:00 a.m. There will be no more than sixty (60) properties (30 each session) calendared each Friday auctions are scheduled. The Court will establish and maintain a special “Auction Calendar”.  This calendar will contain specific times available for auctions.

      No auction shall be scheduled by the parties unless they have confirmed the availability of a time slot with the Foreclosure Department of this court. The Referees and plaintiffs’ representatives are directed as follows:

      1. YOU MUST CONTACT  THE  FORECLOSURE  DEPARTMENT  AT [email protected] 
        PRIOR TO SCHEDULING YOUR AUCTION TO CONFIRM THE AVAILABILITY OF THE DATE AND TIME 
        AND TO ENSURE THAT THE CASE IS PLACED ON THE CALENDAR. FAILURE TO ADHERE TO 
        THIS REQUIREMENT WILL RESULT IN THE AUCTION BEING RESCHEDULED AT THE SCHEDULING PARTY’S EXPENSE, 
        INCLUDING PUBLICATION COSTS.
         
    3. Closing and Deed Transfer: Except where the successful bidder is a remote bidder (see section 9, below), following the auction, the successful bidder will deposit at least 10% of the sale price in certified funds, made payable to the Referee, with the Referee. The balance of the funds, along with the transfer of title documents, will occur at such location as determined by the Referee, or at such other place as agreed upon by the parties in writing, within the time limits specified in the Terms of Sale. All participants in the closing must comply with any rule, regulation, or order in effect at the time of closing. Should a bidder fail to comply, the Referee may cancel the closing and hold the bidder in default.
    4. Publishing and Posting: A summary of these special policies and procedures shall be included in the public notices published and posted pursuant to RPAPL §231.
    5. Auction Policies: Until further notice, every Judgment of Foreclosure of Sale and In Rem Judgment shall contain a decretal paragraph directing the Referee in a mortgage foreclosure action or the Petitioner in an In Rem tax foreclosure proceeding to comply with the Eleventh Judicial District’s Policies concerning Public Auctions of foreclosed properties.
    6. Calendars of scheduled foreclosure auctions/partition sales will be accessible through E-Courts.

    7. Every Judgment of Foreclosure and Sale shall include the following language:

      “ORDERED, that the Referee shall comply with the Eleventh Judicial District’s Policies concerning Public Auctions of foreclosed properties, including the new policy authorizing remote bidding. If the Referee is unwilling or unable to comply with such provisions, including but not limited to the ability to accept wire transfers, the Referee shall notify the court immediately. These policies, along with the Queens County Foreclosure Auction Rules, can be found on the Queens Supreme Court - Civil Term website.”

    8. Additional General Provisions:
      1. The Terms of Sale, including any known encumbrances, must be posted outside forty-five(45) minutes prior to the commencement of the Foreclosure Auction/Partition Sale.
      2. The Court-Appointed Referee shall conduct and supervise the foreclosure auction/partition sale. All interested parties including a representative of the plaintiff, authorized to act on behalf of the plaintiff, must be present at the auction. The Referee must submit a completed affidavit immediately following the auction (see Referee Affirmation under “Forms” at Home page on the court’s website)
      3. If a Court-Appointed Referee is unable to act pursuant to Part 36 or is otherwise unavailable, the Appointing Court must promptly be petitioned for the appointment of a substitute Referee.
      4. If a Court-Appointed Referee does not appear for a scheduled Foreclosure Auction/Partition Sale, the Foreclosure Auction/Partition Sale shall be cancelled and plaintiff’s counsel or the Court-Appointed Referee shall contact the Court to obtain the new date and time on which the subject property will be rescheduled for Auction by filing a subsequent Request to File a Notice of Sale.
      5. Notice of cancellation for any reason must be filed with the County Clerk’s Office no later than the day of the scheduled auction.
      6. Necessary Bank substitutions must be made prior to scheduling the auction.
      7. Referees will only accept a certified bank check made payable to the Referee. All bidders must have proof of identification and will be required to stand and state their name at the time the bid is made, except remote bidders (see section 9)..
      8. A successful bidder must have in his/her possession at the time of the bid the full 10% of the sum bid, in certified bank check to be made payable to the Referee, except any successful remote bidder (see section 9).
      9. A Foreclosure Action Surplus Monies Form (see Surplus Monies Form under “Forms” at Home page on the court’s website) must be completed for ALL Foreclosure Auctions (regardless of the surplus status) by the Referee conducting the sale, plaintiff’s representative and the purchaser for all auctions resulting in a potential surplus at the auction and submitted immediately following the auction. Failure to do so may result in the preclusion of scheduling future auctions.
      10. Within thirty days (30) after completing the sale and executing the proper conveyance to the purchaser, the Referee conducting the sale must file with the clerk his/her report under oath of the disposition of the proceeds of the sale, accompanied by the vouchers of the persons to whom payments were made (RPAPL §1355). If the Report of Sale is not filed with the County Clerk’s Office within ninety (90) days of sale, the Referee must submit via email to [email protected]: the caption, index number, date the auction was held, and a detailed reason why the Report of Sale and surplus monies, if any, have not been deposited with the County Clerk’s Office.
      11. Bidders are cautioned that the failure to pay the full purchase price bid and appropriate closing costs at a closing to be scheduled within thirty (30) days following the auction may result in the forfeiture of the 10% deposit.
      12. If the successful bidder defaults in concluding the transaction at the purchase price, he/she may be liable for the difference if the property is subsequently sold at auction for a sum which is inadequate to cover all items allowed in the Final Order and Judgment.
      13. It is the responsibility of the bidder to acquaint himself/herself with the property, any encumbrances thereon, and the Terms of Sale before placing a bid and to be certain that adequate funds are available to make good the bid. The failure of the successful bidder to complete the transaction under the terms bid may result in the bidder’s preclusion from bidding at auction for a period of sixty (60) days.
    9. Remote Bidding
      1. Pursuant to Administrative Order 90/23, the Unified Court System has approved a technology-assisted process that will allow remote bidding by persons not physically present at auctions. Remote bidding will be available ONLY for properties where the foreclosing party has engaged such a remote bidding technology provider to provide foreclosure sale marketing and auction services.
      2. Plaintiff may retain the services of a remote bidding technology provider only for those properties scheduled to be auctioned on or after September 8, 2023.
      3. All auctions will still take place in person, on courthouse grounds, and will still be conducted and supervised by the Referee.
      4. When contacting the foreclosure department ( [email protected] ) to scheduled an auction date, the Referee and/or plaintiff’s representative must also notify the court whether the plaintiff intends to retain a remote bidding technology provider.
      5. In those cases where a remote bidding provider has been retained, a representative thereof will appear at the courthouse for the auction and shall be permitted to use an electronic tablet to collect, verify, and relay bids in real time during the auction
      6. After an auction has been completed, if the highest bid is from a remote bidder, the Referee shall defer collection of a deposit so long as the remote bidding provider provides proof of sufficient funds thereof. This proof of funds can be in the form of a winning remote bidder’s escrow account statement as of the date of the auction. The deposit MUST then be transferred into the Referee’s trust account within one (1) business day of the conclusion of the auction. The Referee shall make available their wire transfer information to the remote bidding provider for this purpose.
      7. After an auction has been completed, if the highest bid is from a remote bidder, the remote bidding provider shall assist in facilitating the winning bidder’s execution of the Terms of Sale, Memorandum of Sale, and Surplus Monies Form within one (1) business day of the auction and return such documents to Referee.

    Foreclosure Auction/Partition Sales

    Auction List

    In a foreclosure action, the judgment of foreclosure directs that the mortgaged premises be sold at auction to pay the sum due to the foreclosing plaintiff.

    For a copy of the Auction Rules, please see: Foreclosure Auction/Partition Sale Rules

    Foreclosure auctions/Partition sales take place on Fridays at 10:00 a.m. in Courtroom 25 of the Queens County Supreme Courthouse located at 88-11 Sutphin Boulevard, Jamaica, NY.

    The calendar of the properties scheduled for auction can be viewed at WebCivil eCourts.

    Please Note: Some of the properties may not be sold for various reasons, including but not limited to, judicial stays of the foreclosure proceeding.

    Surplus Monies Form