New York Attorney Affirmation in Residential Foreclosure Actions (with Administrative Order) is a form of legal representation in which a New York attorney is obligated to affirm that they are representing a client in a residential foreclosure action, and that they are familiar with the relevant Order issued by the New York City Administrative Judge. This form of legal representation is required when a foreclosure action is brought in New York State, and must be completed by a licensed New York attorney or law firm. There are two types of New York Attorney Affirmation in Residential Foreclosure Actions: Type A and Type B. Type A is for foreclosure actions in which a client is the mortgagor or a party in interest, and Type B is for foreclosure actions in which a client is the mortgagee or a party in interest. Both types of affirmations must be completed by a licensed New York attorney, and must include the Order number, the name of the foreclosure action, as well as the name of the client.
New York Attorney Affirmation in Residential Foreclosure Actions (with Administrative Order)
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FAQ
An Order of Reference is a motion filed in a New York Mortgage Foreclosure action along with a request for a default judgment. Among other requested forms of relief the Order of Reference (aka OOR or OREF) formally asks the Court to appoint a Referee to determine the amount due on the mortgaged premises.
(Foreclosure of Real Property) (NY) This affirmation of regularity can be used by the plaintiff in an action for the foreclosure of real property in New York to request that the court appoint a referee to compute the amount due in the action.
Some states have a law that permits foreclosed homeowners to repurchase their home after the foreclosure sale, during what's called the "redemption period;" however, New York isn't one of them. You can redeem the property before the foreclosure sale by paying the loan balance in full.
The ?statute of limitations? in the State of New York for foreclosure actions, per CPLR 213(4), is a six (6) year statute of limitations that measures the time period starting from the lender's ?acceleration? of the mortgage by an overt and unequivocal act, until the lender actually commences a foreclosure action.
An Order of Reference asks the court to appoint what is called a referee. The referee's job is to determine the full amount you owe the bank. Meanwhile, if the court grants Summary Judgment to the bank, this means that the court determined that a trial is not needed.
It's due in 20 days if you were served in person; 30 days if served by mail. Lender asks court for a judgment without trial and to appoint a Referee to decide the amount you owe and write a report. Both sides come to court to see if they can find a way for you to keep your home and avoid foreclosure.
Avoiding Foreclosure (Loss Mitigation) Pay arrears, become current on the loan.Work out a period of loan forbearance.Loan modification.Refinance with another lender.Deed in lieu of foreclosure.Sell home, negotiate short sale.
New York requires every lender foreclosing on a residential mortgage of an owner-occupied home to send a 90-day pre-foreclosure notice prior to commencing foreclosure. This notice must give you information about curing the default and also give you a list of government-approved counseling agencies to help you.