Foreclosures

Stay of Actions in Which the Mortgagor Provides a Hardship Declaration

On September 2, 2021, Governor Hochul signed into law new legislation related to residential and small business eviction and foreclosure protections (L. 2021, c. 417; “Act”). The Act continues to provide relief to defendants in residential and small business foreclosure actions in New York with certain caveats.

In any residential or small business foreclosure action in which a judgment of sale has not been issued and the mortgagor submits a Hardship Declaration, as defined in the Act, to the foreclosing party, the court, or an agent of the foreclosing party or the court, the action shall be stayed at least until January 15, 2022, unless the Hardship Declaration is challenged by the mortgagor. If the Hardship Declaration is challenged, the court will conduct a hearing on the validity of the Hardship Declaration before deciding whether the matter should proceed or remain stayed.

For more information on the new legislation and continued RESIDENTIAL filing requirements and moratoriums, a copy of the Act, the related Administrative Orders, as well as a blank Residential Hardship Declaration can be found at the following link:

https://www.nycourts.gov/eefpa

For more information on the new legislation SMALL BUSINESS moratorium, a copy of the Act, the related Administrative Orders, as well as a blank Commercial Hardship Declaration can be found at the following link:

http://nycourts.gov/eposba

 

Foreclosure Conference Program

Location

Suffolk County Supreme Court
Foreclosure Conference Program
1 Court Street
Riverhead, New York 11901
631-852-2756
 

Forms

Pursuant to Administrative Order of the Chief Administrative Judge of the Courts (01/18/17), foreclosure settlement conference forms have been promulgated for use in residential foreclosure proceedings in Supreme Court, effective March 1, 2017.  Listed below are the prescribed Intake, Status, and Additional Information Forms.

Foreclosure Intake Form

Foreclosure Conference Status Form

Foreclosure Conference Notes Form

Uniform Trial Court Rule 202.12-a

Request for Judicial Intervention

Resource List: Housing Counselors & Legal Referral

Programa de conferencias sobre ejecucion hipotecaria

Consumer Bill of Rights

Answering a Foreclosure Complaint

Notice to Defendants

Notice to Defendants Who Have Not Yet Answered the Foreclosure Complaint
 

Foreclosure Auctions

Conference Requirements

Pursuant to AO/262/21, in actions where a judgment of foreclosure and sale was issued but has not yet been executed, the court must hold a status conference with the parties before the matter can proceed. The submission of a Hardship Declaration further stays the execution of the judgment until at least January 15, 2022.

Scheduling Auctions

Consistent with Administrative Order of the Chief Administrative Judge AO/262/21, all auctions must be conducted in accordance with the district/county auction plan. In Suffolk County, Referees must schedule Suffolk foreclosure auctions through the Suffolk County Supreme Court Clerk Fiduciary Office. The auctions will continue to take place at the Town Halls throughout Suffolk County but must be scheduled 30 minutes apart on the hour and half hour. The Fiduciary Office will maintain auction calendars reflecting the auctions scheduled at each Town Hall and those calendars will be accessible through E-courts.

Please see the following links that include the procedure for scheduling auctions, necessary forms and links to E-Courts where an auction calendar search can be performed. 

 

Auction Scheduling & Procedures

Referees and attendees are advised that appropriate social distancing procedures must be followed at all auction sites. Referee duties with regard to enforcing social distancing at the auctions are set forth in Amended Administrative Order 98/20.

Amended Administrative Order 98/20

Suffolk County Foreclosure Auction Rules and Procedures

Referee Request for Foreclosure Auction Date (PDF Fillable Form)

Affirmation of Compliance with L. 2021, c.417 and AO/262/21

Surplus Money Form

Surplus Money Forms Requirements Administrative Order 104-20

 

Auction Calendars

Foreclosure auctions take place at each town hall as calendared by the Foreclosure Referee. The listed auction information is updated weekly (ie., every Friday unless it is a holiday, then the next business day) and is subject to change at any time. The accuracy of the scheduling information posted on the court’s website is dependent upon the information provided by individual Referees responsible for scheduling and conducting these auctions.

Instructions for Searching Auction Calendars by Town

Link to E-Courts, Web Civil Supreme, Calendar Search

TOWN HALL LOCATIONS

Town of Babylon                             200 East Sunrise Highway, Lindenhurst, NY 11757

Town of Brookhaven                      1 Independence Hill, Farmingville, NY 11738

Town of East Hampton                  159 Pantigo Road, East Hampton, NY J 1937

Town of Huntington                       100 Main Street, Huntington, NY 11743

Town of Islip                                    655 Main Street, Islip, NY 11751

Town of Riverhead                         Riverhead Town Hall 200 Howell Avenue, Riverhead, NY 11901

Town of Shelter Island                   38 North Ferry Road, P.O. Box 970, Shelter Island, NY 11964

Town of Smithtown                        99 West Main Street, P.O. Box 9090, Smithtown, NY 11787

Town of Southampton                   116 Hampton Road, Southampton, NY 11968

Town of Southold                           53095 Main Road, P.O. Box 1179, Southold, NY 11971

 

Contact

Suffolk County Supreme Court
Fiduciary Clerk’s Office
(631) 852-3313 or 3314