This program presents a practical “nuts and bolts”
approach to New York’s judicial mortgage foreclosure process. All
steps of a foreclosure action, including pre-commencement review of the
mortgage documents, the notice of pendency, the pleadings, motions for
summary judgment, for appointment of a referee to compute, and for
judgment of foreclosure and sale, and the foreclosure sale itself, as
well as post-sale proceedings, are discussed. Particular attention will
be focused upon the New York State requirements with respect to all
foreclosures upon homes, enacted in December 2009, including the
pre-foreclosure 90-day notice, mandatory settlement court conferences,
and required notices to tenants. Additional topics covered include
defenses to foreclosure actions, court-appointed Receivers and Referees,
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 are also addressed.
Program Contents
• Pre-Foreclosure: Initial Steps
• Special Rules for Foreclosures on Homes
• Mortgage Foreclosure – the Steps for the
Lender
• The Foreclosure Sale and Post-Sale
Issues
• Mortgage Foreclosure – From the
Defendant’s Perspective
• Judicial Foreclosure – the Court Appointed
Officials
• Bankruptcy and Judicial Foreclosure
• Mortgage Loan Workouts and Related
Issues
• Ethical Issues
Program Faculty
Robert A. Wolf, Esq. (Planning Co-Chair)
Squire Sanders (US) LLP
—New York City
Suzanne M. Berger, Esq. (Planning Co-Chair)
Bryan Cave LLP
—New York City
Thomas J. Hall, Esq.
The Law Firm of Hall &
Hall, LLP
—Staten Island
Margaret A. Becker, Esq.
Director, Homeowner Defense Project
Staten Island Legal Services
—Staten Island
Tracy A. Catapano-Fox, Esq.
Chief Clerk
Queens County Supreme Court
—Jamaica
Michele Lippa Gartner, Esq.
Special Counsel for
Surrogate & Fiduciary Matters
Office of Court Administration
—New York City
Total MCLE Credits 6.5
Ethics MCLE Credits 1.0
This archived webcast is a video online program that
you will view and listen to on your computer screen.
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