Foreclosures

COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020 (effective December 28, 2020 and extended on May 5, 2021), and Accompanying Administrative Orders


The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (“Act”) and accompanying Administrative Orders set forth several new requirements for foreclosure proceedings. 

Requirements for Commencing New Actions

Newly-commenced actions require additional affidavits. Please see the link below for details. 

        Steps to Commence a New Foreclosure Proceeding Pursuant to COVID-19 Emergency
        Eviction and Foreclosure Prevention Act of 2020 and AO 341/20

Stay of Actions in Which the Mortgagor Provides a Hardship Declaration

In any residential 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 August 31, 2021. 

A copy of the Act, the related Administrative Orders, as well as a blank Hardship Declaration can be found at the following link: 

https://www.nycourts.gov/covid-eefpa.shtml

The COVID-19 Emergency Protect Our Small Businesses Act of 2021 (extended on May 5, 2021), extends similar protections to small businesses.

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

Administrative Order 157/20, states that “Prior to conducting any further proceeding in any foreclosure matter, the court must initiate a status or settlement conference (including, where applicable, a settlement conference pursuant to CPLR Rule 3408). If any party does not appear at the conference, the court shall reschedule and make a second attempt to hold the conference before undertaking further proceedings.”

The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and AO 341/20 provide that in pending actions where a judgment of foreclosure and sale was issued on or before December 28, 2020 but has not yet been executed, the court must hold a status conference to give the defendant an opportunity to submit a Hardship Declaration before the matter can proceed. This conference must be held in addition to or in conjunction with the AO 157/20 conference. The submission of a Hardship Declaration further stays the action until at least May 1, 2021.

Scheduling Auctions

Consistent with Administrative Order of the Chief Administrative Judge 157/20 (July 23, 2020) and 232/20 (October 22, 2020), 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 COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, AO 157/20, AO 341/20 and AO 159/21

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