Provisions

Individual rule provisions extracted from part rules documents

Data license: Government edicts — not subject to copyright · Data source: nycourts.gov

13 rows where topics = "["foreclosure"]"

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  • ["foreclosure"] · 13 ✖

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provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
ACKER-008 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER VI Foreclosure Actions All motions in foreclosure actions must include proposed order for Court's signature as separate document. Motion templates mandated for residential foreclosure cases statewide must be used. Court requires certain paragraphs added to Orders of Reference and Judgments of Foreclosure per Appendices A-C. Substitution of Referee by letter, not formal motion. Judgment of Foreclosure and Sale on notice to all defendants per motion templates. Servicer information required on face of proposed Order of Reference and Judgment of Foreclosure and Sale per legislation A.6976/S.4190. Working copies for foreclosure motions: only specific exhibits required (Notes, Affidavits of Service, Proof of Service per CPLR 3215(g), Referee's report, Military status investigation, Notice of pendency).   ["foreclosure"] ["CPLR 3215"] 9 Dutchess supreme part_rules
BRANDS-003 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS FORECLOSURE ACTIONS Foreclosure Actions Any court-ordered foreclosure sale shall be held in the rear lobby of the Dutchess County Courthouse, 10 Market Street, Poughkeepsie, New York 12601 at 2:30p.m.   ["foreclosure"] [] 9 Dutchess supreme part_rules
COLLINS-009 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS XI Foreclosure Actions All motions pursuant to this section must include a proposed order which disposes of the motion. Motion templates available at https://www.nycourts.gov/forms/foreclosure/index.shtml relevant to residential foreclosure cases where the homeowner has defaulted must be utilized. All proposed Judgments of Foreclosure and Sale must comply with the form set forth in the motion templates and must include public notice of the time and place of the sale in The Journal News and Rockland County Times.   ["foreclosure"] [] 9 Rockland supreme part_rules
DESIR-009 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR X Foreclosure Actions All motions must include proposed order for Court's signature. Statewide motion templates for residential foreclosure cases must be used. Substitution of Referee by letter (not formal motion) with proposed order to appoint substitute referee. Where loan modification agreement reached, parties shall submit stipulation discontinuing action. Judgment of Foreclosure and Sale must comply with motion templates and include public notice of time and sale in The Journal News (Rockland). Referees shall deposit funds in Referee's name in attorney escrow or IOLA account (or other FDIC-insured account) maintained in Rockland County. Surplus Monies Proceeding: Judgment of Foreclosure and Sale will set forth date and time for post-foreclosure sale Surplus Monies status conference; plaintiff's counsel shall notify appointed Referee of conference date; appearances required unless completed Foreclosure Action Surplus Monies Form filed at least one week prior or Referee notifies Court of non-occurrence of sale.   ["foreclosure"] [] 9 Rockland supreme part_rules
FC-002 Residential Foreclosure Part Rules 6 NY-SC-11JD-FORECLOSURE-PART 1 Complaint Requirements for Residential Foreclosure All residential foreclosure actions that are filed should include the following language in the Complaint: whether this action involves a residential, one-to-four family, owner-occupied property upon which the mortgage is considered sub-prime, high-cost or nontraditional; whether plaintiff has served the homeowner with a ninety (90) day notice pursuant to the current legislation in effect; and that plaintiff is the holder of the Note and Mortgage, or that it has a current, valid assignment of the Note and Mortgage.   ["foreclosure"] ["CPLR \u00a73408"] 11 Queens supreme part_rules
FCAUCTION-003 Queens Supreme Court Civil Term – Foreclosure Auction Rules 9 NY-SC-11JD-FORECLOSURE-AUCTION 3 Closing and Deed Transfer Following the auction, the successful bidder will deposit at least 10% of the sale price in certified funds, made payable to the Referee, with the Referee. The balance of the funds, along with the transfer of title documents, will occur within the time limits specified in the Terms of Sale.   ["foreclosure"] [] 11 Queens supreme part_rules
FCAUCTION-004 Queens Supreme Court Civil Term – Foreclosure Auction Rules 9 NY-SC-11JD-FORECLOSURE-AUCTION 8 General Auction Policies The Terms of Sale, including any known encumbrances, must be posted outside forty-five (45) minutes prior to the commencement of the Foreclosure Auction. All bidders must have proof of identification and will be required to stand and state their name at the time the bid is made. A successful bidder must have in his/her possession at the time of the bid the full 10% of the sum bid, in certified bank check made payable to the Referee. Within thirty days (30) after completing the sale and executing the proper conveyance to the purchaser, the Referee conducting the sale must file with the clerk his/her report under oath of the disposition of the proceeds of the sale.   ["foreclosure"] ["RPAPL \u00a71355"] 11 Queens supreme part_rules
FRIED-013 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 9 Special Rules – Foreclosure Actions All motions pursuant to this section must include a proposed order. Motion templates available at nycourts.gov relevant to residential foreclosure cases where the homeowner has defaulted must be utilized. Requests to substitute a Referee shall be made by letter, not formal motion. Proposed Judgments of Foreclosure and Sale shall comply with the nycourts.gov form and include public notice in The Journal News (Rockland). Referees shall deposit funds in a Rockland County FDIC-insured fiduciary account.   ["foreclosure"] [] 9 Rockland supreme part_rules
MALONE-008 Individual Part Rules of Hon. Janet C. Malone, Justice of the Supreme Court 146 NY-SC-9JD-MALONE VI Foreclosure Actions All motions in foreclosure actions must include a proposed order which disposes of the motion or application for the Court's signature. All proposed Orders of Reference submitted to the Court must contain specific ordered paragraphs including referee fees ($350 for computation report, $500 upon sale), Part 36 compliance certification, and a 30-day deadline for the computation report. Plaintiff shall make application for Judgment of Foreclosure and Sale no later than ninety (90) days of the date of the Order of Reference.   ["foreclosure"] ["22 NYCRR Part 36"] 9 Westchester supreme part_rules
MCLOUGHLIN-003 Part Rules – Hon. Edward T. McLoughlin, Dutchess County Supreme and County Courts 140 NY-SC-9JD-MCLOUGHLIN Foreclosure Actions Foreclosure Sale Location Any court-ordered foreclosure sale shall be held in the rear lobby of the Dutchess County Courthouse, 10 Market Street, Poughkeepsie, New York 12601 at 2:30 p.m.   ["foreclosure"] [] 9 Dutchess supreme part_rules
NY-SC-9JD-GROSSMAN-006 Individual Part Rules of Hon. Victor G. Grossman 172 NY-SC-9JD-GROSSMAN VI Foreclosure Actions All motions must include a Proposed Order (as a separate document) which disposes of the motion. All proposed Orders of Reference submitted to the Court must contain the following paragraphs: ORDERED that the Referee is entitled to a fee of $250 for the computation report; $250 for any sale that is canceled on less than 24 hours' notice to the Referee; $250 for any third-party closing and $500 upon the sale; ORDERED that the Referee shall complete and submit the computation report within 30 days of the date of the Order of Reference; ORDERED that Plaintiff shall make application for Judgment of Foreclosure and Sale no later than 120 days of the date of this Order. Substitution of Referee: by letter to the Court, NOT by formal motion.   ["foreclosure"] [] 9 Putnam supreme part_rules
NY-SC-9JD-ZUGIBE-008 Part Rules of Hon. Thomas P. Zugibe 166 NY-SC-9JD-ZUGIBE FORECL Foreclosure Actions Motions: All motions must include a proposed order which disposes of the motion or application for the Court's signature. Substitution of Referee: Requests to substitute a Referee shall be made by letter to the Court, not by formal motion. Judgment of Foreclosure and Sale: All proposed Judgments of Foreclosure and Sale submitted to the Court shall comply with the form set forth in the motion templates. Referees shall deposit funds in Referee's name in Referee's I.O.L.A. account or other FDIC-insured account. All monies paid into the court shall be deposited with the Rockland County Commissioner of Finance.   ["foreclosure"] [] 9 Rockland supreme part_rules
SCHWARTZ-009 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ FORECLOSURE Foreclosure Actions All motions must include a proposed order which disposes of the motion. Motion templates mandated for statewide residential foreclosure cases, where the homeowner has defaulted, must be used. Referees shall deposit funds in the Referee's name in the Referee's attorney escrow or I.O.L.A. account (or other FDIC-insured account) maintained in Rockland County. A Judgment of Foreclosure and Sale executed by this Court will also set forth a date and time for a post-foreclosure sale 'Surplus Monies' status conference.   ["foreclosure"] [] 9 Rockland supreme part_rules

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CREATE TABLE provisions (
    provision_id TEXT PRIMARY KEY,
    doc_id INTEGER REFERENCES documents(doc_id),
    judge_id TEXT REFERENCES judges(judge_id),
    rule_number TEXT,
    title TEXT,
    text TEXT,
    source_page INTEGER,
    topics TEXT,
    cross_references TEXT,
    judicial_district INTEGER,
    county TEXT,
    court_type TEXT DEFAULT 'supreme',
    doc_type TEXT DEFAULT 'part_rules'
);