Thursday, October 22, 2020, the NYS Office of Court Administration released the attached Memorandum which includes the newly issued AO 232/20. This Administrative Order expands on topics previously addressed in AO 157/20. https://www.nycourts.gov/whatsnew/pdf/2020_10_22_11_14_11.pdf
- All residential, commercial and in rem foreclosures may proceed, subject to federal and state relief provisions and restrictions (such as the current suspension of all NY commercial foreclosures through January 1, 2021), foreclosure conference requirements and general court delays due to the pandemic;
- Elimination of the conference requirement prior to scheduling auctions for Vacant and Abandoned Properties, provided plaintiff files an affirmation attesting, ‘following diligent inquiry’, that the property is currently abandoned and vacant
- Auctions must be conducted in accordance with newly issued local foreclosure auction plans and rules (however, not all districts and counties have published their new rules for review and compliance)
- No default judgments may be entered against a party that fails to answer a complaint or petition during a Suspension of Statutory Time Limits period (which is currently suspended through 11/3/20 pursuant to the Governor’s Executive Order 202.67)
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