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New York Foreclosure and Repossession Compliance

Understand the frequent issues that arise, pitfalls to avoid, and common defenses to a foreclosure action in New York.

New York is a judicial foreclosure state, meaning that the lender cannot foreclose on a home without filing a lawsuit in court. The proper path towards a foreclosure sale in New York States requires several compliance elements, both contractual and statutory. This process can be lengthy, with the majority of foreclosure actions taking over a year before going to a foreclosure sale. It is important to understand potential pitfalls in this process. The topics covered in this presentation will help guide persons responsible for commencing or defending foreclosure actions to understand the pre-foreclosure and pending foreclosure compliance requirements. This topic will also cover the role that COVID-19 has played within the foreclosure context.

59 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Pre-Foreclosure Requirements

  • What Is New York Residential Foreclosure?
  • Statutory Requirements:
    • RPAPL 1304 and 1306
  • Contractual Requirement:
    • 30Day Notice
  • Federal Requirement:
    • CFPB Requirements
    • Dual Tracking and Regulation X
  • Standing Requirement:
    • Note and Mortgage Ownership
    • Naming Necessary Parties
  • Statute of Limitations

Foreclosure

  • Summons and Complaint Requirements
    • CPLR 3012b Certificate of Merit
    • RPAPL 1302, 1303 and 1320
  • CPLR 3408

Current Status With New York Foreclosures

  • The Coronavirus Aid, Relief, and Economic Security (CARES) Act
  • COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA)
  • Center for Disease Control (CDC) Moratorium
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

MP3 Download

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 31, 2021.

Call 1-866-352-9540 for further credit information.

  • NJ CLE 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Mary Aufrecht, Esq.

Mary Aufrecht, Esq.

Clair Gjertsen & Weathers PLLC

  • Appeared in thousands of court appearances all over the State of New York related to foreclosure
  • Member of the Westchester County Bar Association
  • Bar Admissions: New York, U.S. District Courts – Southern District of New York, Eastern District of New York
  • J.D. degree, Loyola University New Orleans College of Law; B.A. degree, Colgate University
Erin K. Flynn, Esq.

Erin K. Flynn, Esq.

Clair Gjertsen & Weathers PLLC

  • Prior to working for debtors, she prosecuted foreclosure action on behalf of creditors
  • Current chair of the New York State Bar Association Committee on Lawyers in Transition, current 1st District Representative to the Connecticut Bar Association House of Delegates, past chair of the New York State Bar Association Young Lawyers Section
  • Member of the New York State Bar Association, Connecticut Bar Association, Westchester County Bar Association, and Greenwich Bar Association
  • J.D degree., American University, Washington College of Law; B.A. degree, Boston College
Wendy Marie Weathers, Esq.

Wendy Marie Weathers, Esq.

Clair Gjertsen & Weathers PLLC

  • Represented both institutional lenders and borrowers in all aspects of the mortgage banking industry and residential foreclosures for over 20 years
  • Court-Appointed Referee for Rockland, Orange, Putnam, Dutchess and Westchester County Foreclosure Actions
  • Immediate Past President of the Westchester County Bar Association (WCBA)
  • New York State Bar Association’s 2016 President’s Pro Bono Service Award for the 9th Judicial District
  • Member of the New York Bar, the National Association of Consumer Bankruptcy Attorneys, co-chair of the Bankruptcy Committee of the Westchester Women’s Bar Association, former co-chair of the Bankruptcy Committee of Fairfield County Bar Association, former Delegate of the House of Delegates of the New York State Bar Association, and member of the Hudson Valley Bankruptcy Bar Association
  • J.D. degree, City University of New York Law School at Queens College; B.A. degree, State University of New York at Stony Brook
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 409163
Published 2021
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