Expedited Procedure Cheat Sheet
December 28, 2016How to Proceed with the Expedited Procedure
December 30, 2016
Shorter Timeline to Judgment – Under the Expedited Procedure the lender can skip certain time consuming steps including but not limited to the Foreclosure Settlement Conference Part (in certain counties), Motion for Order of Reference and the Referee’s Oath and Report.
Reduced Costs – Because of shorter timelines, carrying costs will be reduced significantly (taxes, insurance and other property preservation costs will be advanced for a shorter period of time).
In certain counties, legal fees will be further reduced as Plaintiff can proceed absent holding a foreclosure settlement conference.
No longer will Plaintiff be responsible for compensating the Appointed Referee with a fee ranging from $50.00 – $500.00 for a review of the amounts due and owing (County Specific).
Substitute for a Deed in Lieu – Should the borrower(s) and record owner(s), if different, be cooperative and are willing to vacate the Mortgaged Premises in exchange for relocation assistance or otherwise and Plaintiff is not in an advanced stage of the litigation, the expedited procedure enables a viable option to a lender to foreclose on the Mortgaged Premises expeditiously should there be a significant number of subordinate judgment creditors that would otherwise remove the possibility of a Deed in Lieu.
Written by Michael Derosa, Esq.
DISCLAIMER
This publication may constitute attorney advertising under the laws and rules of professional conduct of one or more states. The information provided in this publication is for general informational purposes only and does not constitute legal advice. The contents are not intended to be a substitute for professional legal advice, consultation, or representation. No attorney-client relationship is formed by reading or relying on this publication. Prior results do not guarantee a similar outcome. Readers should consult a qualified attorney for advice regarding their individual circumstances or any specific legal questions they may have.
If you have questions about this publication, please contact Adam Friedman, Ralph Vartolo or Michael DeRosa,
Friedman Vartolo LLP, 1325 Franklin Avenue, Suite 160, Garden City, NY 11530, Phone: (212) 471-5100 | Fax: (212) 471-5150.


