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Foreclosure Part - Dutchess


Foreclosure Part

Presiding: Hon. Alan D. Scheinkman, JSC
Administrative Judge, Ninth Judicial District

Juliana Maugeri, Court Attorney Referee
Lisa E. Rubenstein, Court Attorney Referee

Personnel:
Part Clerk, 845-431-1720

Courtroom:1st Floor
Facsimile: 845-431-1743


Notice to Bar | Rules | Adjournments | Stays | Settlements | Conferences | Help | Forms | Links

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Notices to the Bar:
Please be advised that 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.

Please be advised that 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 was in the special foreclosure program, that the case was released from the part with full authority to proceed with motion practice.


Adjournments

Adjournment Requests-Requests for adjournments must be made in writing and on consent of all sides. The request must be faxed to the Court at (845) 473-5403 and received at least two (2) business days prior to 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 (sixty) 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.

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Stays

Cases released from the Special Foreclosure Part may be stayed for a period of up to forty-five (45) days from the date of the release, depending on the particular circumstances of each case.

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Settlements

If a case has been settled, we cannot remove the conference from the calendar until the following has been submitted to the Foreclosure Conference Part: The Notice to Discontinue and Cancel the Notice of Pendency, and a letter stating the reason for the discontinuance ie: short sale, loan reinstated, loan modification, loan satisfied, MHA program. This must be completed within 150 days of settlement.

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Conferences

All mortgage foreclosure settlement conferences are held on the first floor of the courthouse. Conferences are scheduled as the Requests for Judicial Intervention are received. Pursuant to the Uniform Rules of the trial Court, the initial conference must be held within sixty (60) days of the filing of the RJI.

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Forms

Affirmation Foreclosure

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 pursuant to CPLR 3408. No motions are to be filed with this RJI.

Mortgage Foreclosure Conference Information Sheet
This form must be completed by the plaintiff’s counsel, prior to the conference, for all first time appearances.

HAMP 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.

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Links

Making Homes Affordable (http://www.makinghomeaffordable.gov)

HELP IS AVAILABLE

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9th Judicial District