Expedited Procedure Cheat Sheet

1. Does the Property Inspection Report Indicate that the Property is Vacant/Occupied?

a. If occupied proceed to normal foreclosure procedure.

b. If non-occupied proceed to Step 2.

2. Is the Borrower(s) AND Record Owner(s), if different, cooperative and willing to sign sworn written statements, expressing his/her/its intent to vacate and abandon the property?

a. If No, but Servicer/Lender would still like to employ the Vacant/Abandoned Procedure Proceed to Step 3.

b. If Yes, have counsel prepare Two Affidavits:

i. An Affidavit for Borrower(s)/Record Owners(s), if different, to execute confirming his/her/its intent to vacate and abandon the property.

ii. An Affidavit for property preservation team to complete which, following and inspection, shows no evidence of occupancy to indicate that any persons are residing there. [See RPAPL § 1309(2)(c) above].

3. Can Property Preservation Demonstrate No Evidence of Occupancy After THREE Inspections (Each 25-35 Days Apart and at Different Times of Day)?

a. If No, proceed to normal foreclosure procedure.

b. If Yes, have counsel prepare an Affidavit to be used for each inspection averring:

i. First Inspection Date

a) no occupant was present

b) there was no evidence of occupancy on the property to indicate that any persons are residing there. [See RPAPL § 1309(2)(c) above]

c) the residential real property was not being maintained in a manner consistent with the standards set forth in New York property maintenance code chapter 3 sections 301, 302 (excluding 302.2, 302.6, 302.8), 304.1, 304.3, 304.7, 304.10, 304.12, 304.13, 304.15, 304.16, 307.1 and 308.1.

[25-35 days from First Inspection Date]

ii. Second Inspection Date

a) no occupant was present

b) there was no evidence of occupancy on the property to indicate that any persons are residing there. [See RPAPL § 1309(2)(c) above]

c) the residential real property was not being maintained in a manner consistent with the standards set forth in New York property maintenance code chapter 3 sections 301, 302 (excluding 302.2, 302.6, 302.8), 304.1, 304.3, 304.7, 304.10, 304.12, 304.13, 304.15, 304.16, 307.1 and 308.1.

[25-35 days from Second Inspection Date]

iii. Third Inspection Date

a) no occupant was present

b) there was no evidence of occupancy on the property to indicate that any persons are residing there. [See RPAPL § 1309(2)(c) above]

c) the residential real property was not being maintained in a manner consistent with the standards set forth in New York property maintenance code chapter 3 sections 301, 302 (excluding 302.2, 302.6, 302.8), 304.1, 304.3, 304.7, 304.10, 304.12, 304.13, 304.15, 304.16, 307.1 and 308.1.

Written by Michael Derosa, Esq.