An important part of foreclosure defense is attending Foreclosure Settlement Conferences, which are court conferences where home owners and their attorneys can confer with the lender’s attorneys about possible settlement and modification. Attendance and representation and submission of documents at such conferences can allow a client to obtain time, leverage, and possible modification. For such settlement conferences to be effective it is necessary for the defendant and/or their attorney to attend and comply with document requests of the lender’s attorney. While such conferences do not constitute true loan modification negotiations, in the sense that loan modifications are supposed to be directly with the lender itself, the discussions at the foreclosure settlement conferences help pressure the lender into looking into non-foreclosure options.
1. Types of Conferences: Foreclosure Settlement Conference, Status Conference, Pre-Trial Conference, Covid Conference.
2. Goal of Conferences for the Defendant
3. Needed Information and Documents from Defendant (financial); from Plaintiff (showing of good faith review of modification and negotiation application)
4. Who administers the Conferences?
5. Applicable Statutes Applying to Good Faith Negotiation at the Conferences (RPAPL); CPLR
6. Motion for Lack of Good Faith Negotiations by Lender
The first foreclosure conference usually results in the each party’s attorneys introducing themselves and making sure that the court clerk or magistrate conducting the conferences has noted their appearances and their desire to reach a non-foreclosure alternative through negotiations. The conference is adjourned for 2-3 months with the lender’s attorney asking the defendant or their attorneys to forward documents from any ongoing modification effort and often making their own requests for additional documents and information. At the next adjourned conference the lender’s attorney would usually need to report to the law clerk or magistrate oversseeing the conferences the status of the modification request. Conferences, if regularly attended, can add pressure on the lender and their attorneys to reach a resolution and can add significant time to the foreclosure proceeding. If a conference is missed by the defendant or their attorneys, or if after several conferences there appears to be no settlement at hand, the court will stop adjourning the conferences and will instead refer the action to the regular foreclosure part of the court where the litigation can continue. Because conferences do give defendants a better chance of obtaining a modification and slow down the foreclosure proceedings, they are useful to a defendant and should be attended. It is particularly advantageous to be in actual loan modification negotiations while regularly attending the foreclosure conferences. Our law office can maximize a client’s chances of obtaining a negotiated resolution by representing the client in both negotiating a modification while also attending the foreclosure conferences.
Please call us at (631) 271-3737, or e-mail us at firstname.lastname@example.org for a free consultation to discuss such legal options in greater detail.