New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.12a - Residential Mortgage Foreclosure Actions; Settlement Conference

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a)
				  Applicability. This section shall be applicable to residential mortgage
				  foreclosure actions involving a home loan secured by a mortgage on a one- to
				  four-family dwelling or condominium, in which the defendant is a resident of
				  the property subject to foreclosure.
(b) Request for judicial intervention.
(1) At the time that proof of service of the
				  summons and complaint is filed with the county clerk, plaintiff shall file with
				  the county clerk a specialized request for judicial intervention (RJI), on a
				  form prescribed by the Chief Administrator of the Courts, applicable to
				  residential mortgage foreclosure actions covered by this section. The RJI shall
				  contain the name, address, telephone number and e-mail address, if available,
				  of the defendant in the action, and the name of the mortgage servicer, and
				  shall request that a settlement conference be scheduled. Any P.O. Box or other
				  alternate addresses associated with the defendant of which the servicer or its
				  attorney is aware shall also be listed. If the mortgage servicer involved in
				  the case and listed on the RJI is changed at any time following the filing of
				  the RJI, plaintiff shall file with the court and serve on all the parties a
				  notice setting forth the name and contact information of the new or substituted
				  mortgage servicer.
(2) Upon the
				  filing of the RJI, the court shall send either a copy of the RJI, or the
				  defendant's name, address and telephone number (if available), to a housing
				  counseling agency or agencies funded by the New York State Office of the
				  Attorney General's Homeowner Protection Program for the judicial district in
				  which the defendant resides, for the purpose of that agency making the
				  homeowner aware of free foreclosure prevention services and options available
				  to the parties.
(3) In such county
				  or counties as the Chief Administrator shall direct, in the event that a
				  plaintiff fails to file proof of service of the summons and complaint in a
				  residential mortgage foreclosure action with the county clerk within one
				  hundred twenty days after the commencement of the action, or fails to file the
				  RJI at the time of the filing of proof of service, the county clerk shall
				  provide the Chief Administrator with the case name, index number, property
				  address, and contact information of parties and counsel in the action. The
				  Chief Administrator may take such further action as she deems fit with respect
				  to such case or cases, including but not limited to
(a) placing a case on a delinquency
				  calendar;
(b) providing case
				  information to a housing counseling agency or agencies; and
(c) ordering a status conference.