New York State Chief Administrative Judge Lawrence K. Marks on June 23 issued new guidance for residential and commercial foreclosures in the state. The memorandum allows for the filing of new cases starting June 24.
Similar to the guidance issued recently with respect to evictions, highlights of the memorandum include:
-Commencement documents must be filed by NYSECF or by mail.
-A form affirmation must be filed with the commencement documents that the attorney for petitioner has reviewed the various state and federal restrictions on foreclosure proceedings and has a good faith belief that the proceeding is consistent with those restrictions.
-A form notice in English and Spanish must be provided to respondents informing them that they might be eligible for an extension of time to respond due to the restrictions.
-Whether or not a timely answer is filed, further hearing of the case will be stayed due to Governor Cuomo's executive orders.
For the full text, see http://www.nycourts.gov/LegacyPDFS/admin/opp/Foreclosure-Proceedings.pdf
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