Revised Foreclosure Proceedings in New York Print PDF
On July 24, Chief Administrative Judge Lawrence K. Marks released a memorandum lifting the stay on residential foreclosures and incorporating Administrative Order 157/20. The key takeaways are below:
- Residential Foreclosures
- The stay on commencement and enforcement is lifted, and filing and service of documents is permitted, as of July 27, 2020.
- In accordance with Governor Cuomo’s Executive Order 202.28, certain commercial foreclosures remain stayed through August 19, 2020.
- Mandatory Conferencing
- The Court will initiate a status or settlement conference prior to any further proceedings in a foreclosure matter to address a “range of subjects related to the case and COVID-19 concerns.”
- After holding such a conference, the Court may address and decide any pending or future motion, and entertain other applications.
- Auction/Sale Start Date
- No auction or sale may be scheduled to occur prior to October 15, 2020.
- Localized Implementation
- Further guidance will be forthcoming from administrative judges in each judicial district.
- Remote Appearances
- All appearances will “be conducted remotely to the fullest extent practicable.”
Judge Marks’ July 24, 2020 Memorandum and Administrative Order 157/20 can be found at: https://www.nycourts.gov/whatsnew/pdf/Foreclosures-Memo-July%2024.pdf