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Residential Foreclosure


RESIDENTIAL FORECLOSURE OFFICE
ROOM 22A
718 298-1092

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 am 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.

Conferences shall be conducted when all sides have checked in with the Part Clerk.

Prior to the settlement conference, a housing counseling meeting will be scheduled with Brooklyn Housing & Family Services located at the Queens Supreme Court in Room 25C. Defendant homeowner must 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.

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.

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 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. Effective May 1, 2009, any application submitted to the Court involving a foreclosure action, where a mandatory settlement conference was held pursuant to CPLR 3408, must also contain a copy of the Residential Foreclosure Conference Order affixed to the front of the application.

Residential Foreclosure Part