Juliana Maugeri, Court Attorney Referee
Lisa E. Rubenstein, Court Attorney Referee
Contact:
Part Clerk, 845-431-1720
Courtroom: 2nd Floor conference room
Facsimile: 845-431-1743
Foreclosure help is available in Dutchess County.
Notice to the Bar
Please be advised:
- No motions are to be filed with the Special Residential Foreclosure Request for Judicial Intervention (RJI). The RJI is for the purpose of requesting a foreclosure settlement conference. Any motions filed with that RJI will be either returned or denied as the matters are not ripe. No other motions will be accepted for cases that are currently pending in the Special Foreclosure Part. Discovery is stayed during the pendency of the case in the Foreclosure Part.
- Any application involving a residential foreclosure must contain a separate statement from the moving party affixed to the front of the application that the action does or does not fit the criteria for inclusion in the residential foreclosure program and that if it were in the special foreclosure program, the case was released from the part with full authority to proceed with motion practice.
Adjournments
Requests for adjournments must be made in writing and with the consent of all sides. The request must be faxed to the Court at 845-431-1743 and received at least two business days before the conference. The request must be from the bank's attorney and state that the adjournment is on consent. Include the index number and the title of the case. Please be advised that the law (NYCRR 202.12-a) requires that the Court must schedule the conference within 60 days of the filing of the RJI. The court will notify you of the new date. Do not call the court to confirm the adjournment.
Stays
Cases released from the Special Foreclosure Part may be stayed for a period of up to forty-five days from the date of the release, depending on the particular circumstances of each case.
Settlements
If a case has been settled, we cannot remove the conference from the calendar until the following papers have been submitted to the Foreclosure Conference Part:
- The Notice to Discontinue and Cancel the Notice of Pendency
- A letter stating the reason for the discontinuance, such as short sale, loan reinstated, loan modification, loan satisfied, or MHA program. This must be completed within 90 days of settlement.
Conferences
All mortgage foreclosure settlement conferences are held on the second floor of the courthouse. Conferences are scheduled as the Requests for Judicial Intervention are received. Under the Uniform Rules of the Trial Court, the initial conference must be held within 60 days of the filing of the RJI.
Forms
- Affirmation Foreclosure
- Foreclosure Settlement Conference Worksheet
Plaintiff's counsel must complete this form before the conference for all first-time appearances. - Hardship Declaration
- Hardship Declaration Spanish
- Request for Judicial Intervention Settlement Conference in Residential Foreclosure Actions
This form is only to be used for requesting a conference in a case that is eligible for a conference under CPLR 3408. No motions are to be filed with this RJI. - Modification Checklist
This is a general list of documents required by the lenders for a HAMP modification. Most of these documents are also required for internal loan modifications.