Residential Mortgage Foreclosures and Workouts (2018)

This program will present a practical “nuts and bolts” approach to New York’s judicial residential mortgage foreclosure process. Particular attention will be focused upon the New York State requirements with respect to all foreclosures upon homes, including the pre-foreclosure 90-day notice, mandatory settlement court conferences, and required notices to tenants. Additional topics to be covered include defenses to foreclosure actions (including statute of limitations), court-appointed Receivers and Referees, the special rules for vacant and abandoned properties, and the various ways by which mortgage loans in default can be “worked out,” including various government and lender programs designed to help homeowners, forbearance agreements, deeds in lieu of foreclosure and consensual foreclosures and the effects of a bankruptcy filing. Various ethical issues that arise for foreclosure practitioners will also be addressed.

Agenda Topics

• Statutory Foreclosure Requirements
• Defenses to Foreclosure Actions
• Court Appointed Receivers and Referees
• Special Rules for Vacant and Abandoned Properties
• Mortgage Foreclosure Workouts