Greenspoon Marder Financial Services Updates – State of New York: Revised Procedure for Addressing Foreclosure Proceedings (Admin Order 232/20)
Oct 22, 2020
Fort Lauderdale, FL
On October 22, 2020,
Administrative Order 232/20 was issued by the Chief Administrative Judge, providing further caveats for proceeding with Residential Foreclosure actions in New York. Specifically, the Administrative Order mirrors the New York Executive Orders, suspending the time limit for the commencement, filing or service of any legal action, notice, motion or other process to November 3, 2020. During this period, no default judgment may be entered upon the failure of a Borrower to answer a complaint.
Furthermore, there is no longer a Conference requirement for properties confirmed to be Vacant and Abandoned. This caveat requires an affirmation to the Court, stating that after a diligent inquiry, the property is currently abandoned and vacant. It should be noted that the Conference requirement set forth in the prior order, AO 157/20 remains in effect for foreclosures involving occupied properties, including actions where a judgment of foreclosure was issued or a sale was scheduled prior to March 17, 2020.
Finally, the Administrative Order permits auctions to proceed, however the auctions are to be conducted pursuant to individual county/district auction plans.
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