June 30th, 2020

New York Updates Pandemic Foreclosure Procedures

On March 20, Governor Cuomo issued a blanket moratorium on foreclosure by lenders of any residential or commercial property until June 20, 2020[1]. This protection was extended to August 20, 2020 for those residential or commercial mortgages owned by someone “that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic.[2] ”

However, effective on June 24, 2020, New York’s Chief Administrative Judge Lawrence Marks procedurally extended the foreclosure moratorium. Here’s what all New York owners, lenders and real estate litigators need to know.

Justice Marks forbid, until August 20, 2020: (1) entertaining or deciding any foreclosure cases other than motions to discontinue a pending case and (2) issuing judgments of foreclosure except for vacant and abandoned property. Prior to August 20, 2020, the courts will issue further directives regarding processing foreclosure cases.

Justice Marks established a temporary two-step filing protocol for all lenders contemplating foreclosure proceedings.

First, lenders commencing foreclosure proceedings must file commencement documents with the court via the New York State Court Electronic Filing system, or by mail, until further notice.

Second, attorneys commencing foreclosures must include two additional papers:

1) a special affirmation indicating the attorney has reviewed all relevant state and federal “restrictions and qualifications on foreclosure proceedings” and “believes in good faith that the proceeding is consistent with those restrictions and qualifications”; and

2) a form notice to defendants (in English and Spanish) advising that defendants may be entitled to an extension of time to answer under COVID-19 emergency directives -- and directing them to a website for further information.

To access the new affirmation form and extension-of-time notices, click here. 

If you have questions about bringing or defending foreclosure actions under the new procedures, or about any other real estate matters, please contact our Real Estate Group. 

[1] New York State Executive Order 202.8

[2] New York State Executive Order 202.28