Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

We are excited to share that Governor Cuomo has issued an Executive Order (EO 202.48) suspending the statewide moratorium on residential foreclosures in the State of New York, enabling lenders to proceed with the foreclosure process on residential mortgages.

In addition to the Executive Order, there is new legislation (Section 9-x of the Banking Law) that must be complied with and is a condition precedent to new foreclosure filings in the State of New York. The statute requires that a forbearance is available to qualified mortgagors. Specifically, the statute requires that regulated institutions must have the following available:

a)Applications for forbearance of any payment due on a residential mortgage of a property located in New York must be widely available to any qualified mortgagor who, during the “covered period” as defined in the statute, is in arrears or on a trial period plan, or who has applied for loss mitigation, and

b)Grant such forbearance of all monthly payments for a period of up to one hundred eighty (180) days, with the option to extend for up to an additional one hundred eighty (180) days provided the mortgagor demonstrates continued financial hardship.  If a previous forbearance was given pursuant to the prior executive order (202.9) then the duration of the prior forbearance may be counted as part of the requirement of this statute.

c)The forbearance may be backdated to March 7, 2020, and the length of same may not be longer than the two one hundred eighty (180) day periods described above.

d)The offered forbearance must also comply with the following:

  • The mortgagor shall have the option to extend the term of the loan for the length of the period of forbearance and the lender shall not charge additional interest or any late fees or penalties on the payments covered in the forbearance, or
  • The mortgagor shall have the option to have the arrears accumulated during the forbearance period payable on a monthly basis for the remaining term of the loan without being subject to penalties or late fees incurred as a result of the forbearance, or
  • The mortgagor shall have the option to negotiate a loan modification or any other option that meets the changed circumstances of the qualified mortgagor, or
  • If the mortgagor and lender cannot reasonably agree on a mutually acceptable loan modification, the regulated institution shall offer to defer arrears accumulated during the forbearance period as a non-interest bearing balloon loan payable at the maturity of the loan, or at the time the loan is satisfied through a refinance or sale of the property; any late fees accumulated as a result of the forbearance shall be waived.

e)The mortgagor exercising the above options (1-4) shall not be reported negatively to any credit bureau by the lender.

f)This statute does not apply to any mortgage loan made, insured, purchased or securitized by any agency or instrumentality of the United States, any government sponsored enterprise, or a federal home loan bank, or a corporate governmental agency of the state constituted as a political subdivision and public benefit corporation, or the rights and obligations of any lender, issuer, servicer or trustee of such obligations, including servicers for the Government National Mortgage Association.

We anticipate that there may be a short period of time needed for the Courts to adjust to the contents of the Executive Order, as they continue with the re-opening process. We will continue to monitor for any relevant news.

A full copy of the Executive Order (202.48) may be found here: https://www.governor.ny.gov/news/no-20248-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency and the above referenced statute (Banking Law Section 9-x) may be found here: https://www.nysenate.gov/legislation/laws/BNK/9-X.

It should be noted that the moratorium on commercial mortgages is still in effect and is set to expire on August 20, 2020.

Should you have any questions in regards to the above, we encourage you to contact us.

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

The Chief Administrative Judge of the New York State court system has issued the attached memorandum addressing the current procedure for residential and commercial eviction proceedings.

Regarding New Eviction Filings:

A)New evictions may be filed with the court via NYSCEF or mail, and

B)Until further order, new evictions must be filed with two additional documents:

1)      An attorney affirmation that indicates counsel has reviewed the various state and federal restrictions and qualifications on eviction proceedings and believes in good faith that the proceeding is consistent with those restrictions and qualifications; and

2)      A form notice sent to defendants-tenants in English and Spanish, informing them that they may be eligible for an extension of time to respond to the petition in light of the legal directives related to the COVID-19 pandemic and directing them to a website link for further information (a sample copy of this letter is found on the memorandum).

Regarding Existing Evictions Cases:

The suspension of eviction activity remains in place, with the following exception: Eviction matters commenced on or before March 16, 2020 in which all parties are represented by counsel shall be eligible for calendaring for virtual settlement conferences.

Analysis:

Similar to foreclosure, the courts now allow new evictions to be filed provided the petition includes the two documents described above, including an affirmation or affidavit which must state that the new eviction filing does not fall within any of the listed restrictions/moratoriums. Once filed, the eviction is stayed until the suspension issued in Governor Cuomo’s executive order has expired.

The Chief Administrative Judge has indicated that further directives will follow at or prior to the expiration of the suspension.

We will continue to monitor and advise of any future changes.

Please feel free to reach out with any questions regarding the above.

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

The Chief Administrative Judge of the New York State court system has issued an memorandum addressing the current procedure for residential and foreclosure proceedings. This memorandum appears to be more consistent with the mandates of the Governor’s Executive Order 202.28 (https://www.governor.ny.gov/news/no-20228-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency). The attached memorandum provides as follows, effective today, June 24, 2020:

Regarding New Foreclosure Filings:

A)New foreclosures may be commenced provided they are filed via NYSCEF or mail, and

B)Until further order, new foreclosures must be filed with two additional documents:

      1)     An attorney affirmation that indicates counsel has reviewed the various state and federal restrictions and qualifications on foreclosure proceedings and believes in good faith that the proceeding is consistent with those restrictions and qualifications; and

     2)     A form notice sent to defendants-tenants in English and Spanish, informing them that they may be eligible for an extension of time to respond to the complaint in light of the legal directives related to the COVID-19 pandemic and directing them to a website link for further information (a sample copy of this letter is found on the Order).

Regarding Existing/Post-First Legal Foreclosures:

The suspension of post-first legal/post-commencement foreclosure activity remains in place, but the following activity is now allowed:

  1. Foreclosure matters in which all parties are represented by counsel are eligible for calendaring for both initial and follow-up virtual settlement conferences;
  2. Lenders may move for a Judgment of Foreclosure and Sale on the ground that a property is vacant and abandoned; and
  3. Lenders may move to discontinue a pending case.

Analysis:

The courts now allow new foreclosures to be filed with the two documents described above, but the challenge will be the affirmation requirement which must state that the new foreclosure filing does not fall within any of the listed restrictions/moratoriums.  For example, pursuant to the Governor’s Executive Order 202.28, the Lender and Attorney must be able to confirm that the borrowers are not eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic (through August 20, 2020). In addition, if the loan is a Fannie Mae, Freddie Mac, FHA, USDA or VA-insured mortgage, the foreclosure may only proceed on a vacant and abandoned property (through August 30, 2020).

As for Existing/Post-First Legal Foreclosures, the courts will continue to halt all foreclosure activity with the following exceptions: virtual settlement conferences where all parties are represented by counsel, motions for Judgment of Foreclosure and Sale (JFS) on vacant and abandoned properties, and discontinuance motions. For the purposes of filing a motion for a JFS on a vacant and abandoned property, we recommend obtaining proof (i.e. inspection records, photographs, etc) to include with the motion.

We will continue to monitor and advise of any future changes.

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

The Chief Administrative Judge of the New York court system announced that the New York City courthouses which consist of the counties of New York (Manhattan), Kings, Queens, Bronx and Richmond (Staten Island), will  return to limited in-person courthouse operations beginning June 10, 2020. Physical distancing and other safety measures will be enforced including COVID-19 screenings for all non-employee court visitors.

While this measure allows for public access to the courthouses in New York City, the courts will continue to conduct hearings virtually. A copy of the Chief Administrative Judge’s press release can be found here: https://www.nycourts.gov/LegacyPDFS/press/pdfs/PR20_23.pdf

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

As previously discussed, Governor Cuomo’s Executive Order (EO 202.28) provided, in part, that there shall be no initiation of a proceeding or enforcement of either an eviction or a foreclosure … for a period of sixty days (until August 20, 2020). While the wording in this order (and previous orders) was vague, a plain reading of this order implied that the restrictions specifically affect (1) the filing of new foreclosure actions and (2) holding a foreclosure auction/sale in existing foreclosure actions, and that Plaintiffs in foreclosure may proceed in existing (post-first legal) foreclosures until the foreclosure auction/sale stage is reached. The text of the executive order may be found here: https://www.governor.ny.gov/news/no-20228-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

The New York State Office of Court Administration (OCA) oversees the day-to-day operation of the New York State court system. We have been informed by the OCA that based on their interpretation of EO 202.28 that no motion filings are being accepted for foreclosure related matters at this time. When accessing the New York State Courts Electronic Filing System (NYSCEF) we have confirmed that the OCA has disabled the option to file all foreclosure related motions, including an Order of Reference, Judgment of Foreclosure and Sale, and even a discontinuance.

As the OCA’s position appears to be a broad interpretation of EO 202.28, we will continue to monitor any changes in policy from the OCA or additional direction from the Governor’s office.

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

Previously, the Courts of the State of New York were not able to accept the filing of new cases (filing of first legal) for any case-type, including foreclosure and eviction. On May 20, 2020, the Chief Administrative Judge of the New York State Court System announced that effective Monday, May 25, e-filing through the NYSCEF system will be restored, including the commencement of new, non-essential matters (filing of first legal), for all counties that participate in e-filing through the NYSCEF system, including the counties that have not “reopened” pursuant to the Governor’s regional reopening plan. The full text of the Chief Administrative Judge’s order may be found at: https://www.nycourts.gov/whatsnew/pdf/AO-111-20.pdf

While Governor Cuomo’s Executive Order specifically prohibiting the commencement and enforcement of Foreclosures and Evictions through August 20, 2020 is still in effect, yesterday’s announcement effectively removes one of the “impediments” to filing new foreclosures and evictions in the State of New York.

As a guide, the counties that are authorized for e-filing through the NYSCEF system are: Albany, Bronx, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Genesee, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schuyler, Seneca, St. Lawrence, Steuben,  Suffolk, Sullivan, Tioga,  Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, and Yates counties.

In addition to the above, the following Supreme Courts have physically reopened and are accepting the filing of new cases: Cayuga, Fulton, Hamilton, Herkimer, Montgomery, Orleans and Schoharie counties.

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

The New York State Unified Court System issued a notification which provides for a number of courts to return to in-person courthouse operations as of Wednesday, May 18-20, 2020. The courts that will reopen are all in the upstate region of New York State and consist of Broome, Chemung, Chenango, Clinton, Delaware, Essex, Franklin, Fulton, Genesee, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Monroe, Montgomery, Oneida, Ontario, Orleans, Otsego, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Wayne, Wyoming, and Yates counties.

For the above counties only, beginning next week, new cases will be permitted to be filed electronically. It should be noted that while these counties will begin to accept new case filings for other types of matters, filing new foreclosures and evictions is still prohibited pursuant to Governor Cuomo’s Executive Order in effect through August 19, 2020.

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

Governor Cuomo has issued an Executive Order (EO 202.28) which provides for the following in relevance to New York foreclosure and eviction:

Commencement and Enforcement of Foreclosure and Eviction through August 19, 2020.

There shall be no initiation of a proceeding or enforcement of an eviction of any residential or commercial tenant for nonpayment of rent, or a foreclosure of any residential or commercial mortgage for nonpayment of such mortgage, owned or rented by someone that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic for a period of sixty days beginning on June 20, 2020.

This order extends the previous protections to mortgagors and tenants (EO 202.8) which were set to expire on June 20, 2020, which includes a restriction on the enforcement of evictions and foreclosures, and adds an express restriction on commencing foreclosures and evictions. The restriction on commencement and enforcement on foreclosures and evictions now only apply to those eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic.

You may continue to send new referrals during this time so that first legal documents (summons and complaint) can be prepared for immediate filing upon expiration of the stay.

Also, should the state courts begin to accept new filings prior to the August 19, 2020 expiration of this Executive Order, if a lender or servicer is able to ascertain which borrowers are not eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic, we may be able to proceed to file first legal documents in Foreclosure and Eviction as well.

A copy of the full text of the order is attached and may also be found at: https://www.governor.ny.gov/news/no-20228-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

On May 7, 2020, Governor Cuomo issued an Executive Order (EO 202.28) which provides that provides for the following:

Commencement and Enforcement of Foreclosure and Eviction through August 19, 2020:

There shall be no initiation of a proceeding or enforcement of: (1) an eviction of any residential or commercial tenant for nonpayment of rent or (2) a foreclosure of any residential or commercial mortgage for nonpayment of such mortgage, owned or rented by someone that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic for a period of sixty days beginning on June 20, 2020.

This order extends the previous protections to mortgagors and tenants pursuant to EO 202.8, which was set to expire just prior to June 20, 2020. In addition to the previous restriction on enforcement of evictions and foreclosures, this order adds an express restriction on commencing foreclosures and evictions, but will only protect those who fit the above criteria. Lenders and servicers seeking to proceed with foreclosure during this timeframe must ascertain which borrowers are not eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic.

Application of Security Deposit for Rent Arrears

In regards to landlords and tenants licensee of residential properties, this order provides that Landlords may, with the consent of the tenant or licensee, enter in to a written agreement by which the security deposit and interest that accrued on it may be used to pay the rent that is in arrears or will become due. If the amount of the deposit represents less than a full month rent payment, the consent does not constitute a waiver of the remaining rent due and owing for that month. This agreement may be executed in counterparts by email. This relief shall be provided to tenants or licensees who request it that are eligible for unemployment insurance or benefits under state or federal law or are otherwise facing financial hardship due to the COVID-19 pandemic. It shall be the tenant’s or licensee’s option to enter in to the agreement, and the landlord shall not harass, threaten or engage in any harmful act to compel this agreement. The security deposit used as payment of rent shall be replenished by the tenant or licensee to be paid at the rate of 1/12 of the amount used as rent per month- these payments shall be due and owing no less than ninety (90) days from the date of the usage of the security deposit as rent. The tenant may, at their sole option, retain insurance that provides relief for the landlord in lieu of the monthly security deposit replenishment, which must be accepted by the landlord as replenishment.

No Late Fees on Rent

No landlord, lessor, or sub-lessor or grantor shall demand or be entitled to any payment, fee or charge for late payment of rent occurring during the time period from March 20, 2020 through August 20, 2020.

A copy of the full text of the order may be found at: https://www.governor.ny.gov/news/no-20228-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

On April 30, 2020, the Chief Administrative Judge of the New York State Unified Court System issued a memorandum, which provides for the following, effective Monday, May 4, 2020:

(1)   Expanded motion practice- new motions, responsive papers to previously filed motions, and other applications may be filed electronically in pending cases either through the NYSCEF e-filing system in jurisdictions that have it or through a new electronic document delivery system for courts where e-filing is not available. When using the new electronic document delivery system, service of the motion/application/responsive papers must all be completed by electronic means.

(2)   Appeals- Notices of appeal may be filed electronically, either through NYSCEF or through the new document delivery system.

While this memorandum allows for filings in existing/pending court cases, it should be noted that enforcement of foreclosures and evictions are still subject to the ninety-day restriction issued by Governor Cuomo, which at this time is set to expire on June 19, 2020.

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

The Governor of the State of New York has recently issued an Executive Order (202.22) in regards to the assessment of real property taxes and the payment of same, which provides for the following:

(1)   In regard to real property taxes, all assessment rolls that were to be filed on or before June 1, 2020 may be filed up to 30 days later than otherwise allowable;

  1. Assessing units may set a date for hearing assessment complaints that is at least 21 days after the filing of the tentative roll;
  2. Notice of the filing of the tentative roll may be published solely online so long as the date for hearing complaints is prominently displayed;
  3. In-person inspection of the tentative roll is suspended, and;
  4. Local boards of assessment review may hear complaints remotely by conference call or similar service, provided that complainants can present their complaints through such service and the public has the ability to view or listen to such proceeding.

(2)   Section 1212 of the Real Property Tax Law, to the extent necessary to allow the commissioner of taxation and finance to certify final state equalization rate, class ratios, and class equalization rates, if required, no later than ten days prior to the last date set by law for levy of taxes of any municipal corporation to which such equalization rate, class ratios, and class equalization rates are applicable;

(3)   Section 1512(1) of the Real Property Tax Law and Sections 283.291 and  283.221 of the Laws of Westchester County, are suspended to allow the County Executive to negotiate with any town supervisor or mayor of any city, to accept a lesser percentage of taxes, special ad valorem levies or special assessments which are otherwise due on May 25, provided that in no event shall any town or city be required to pay more than sixty percent. The County Executive is empowered to determine whether or not penalties for late payment or interest are able to be waived dependent on whether or not such town or city applies the County Executive’s criteria for determining hardship due to COVID-19;

a.  Section 283.221 of the Laws of Westchester County is further suspended to the extent necessary to require the supervisor of a town, to waive payment of penalties for late payment of county and county district taxes under section 283.221 up to July 15, 2020, and waive payment of penalties for late payment of town and town district taxes and assessments in the same manner, provided such town applies the County Executive’s criteria for the determination of hardship due to COVID-19;

b. Section 1512(1) of the Real Property Tax Law and any penalty provision of the tax code of a city within Westchester County is further suspended to the extent necessary to allow the mayor of that City to waive the payment of penalties for late payment of county and county district taxes and to further waive payment of penalties for late payment of city and city district taxes and assessments in the same manner, provided such city applies the County Executive’s criteria for the determination of hardship due to COVID-19;

c. Section 5-18.0(2) of the Nassau County Administrative Code, to the extent necessary to allow the Nassau County Executive to extend until June 1, 2020, the deadline to pay without interest or penalty the final one-half of school taxes upon real estate in such county.

The text of this Order may be found at: https://www.governor.ny.gov/news/no-20222-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

On April 9, 2020, the Chief Judge of the United States Bankruptcy Court, Southern District of New York (“SDNY”), issued an Order (General Order M-545), effective immediately as to cases filed by borrowers/debtors in the SDNY under chapters 7, 11, 12, and 13. The order provides for the following:

1) Original Signature Requirement: the court suspends the requirement that a CM/ECF user secure the signer’s original signature before electronically filing a document as long as prior to filing, the CM/ECF user has verified with the signer that the signer has received the entire document to be filed and has communicated the substance and purpose of the document by reviewing the bankruptcy petition including all schedules or other papers, and

a. has obtained express written permission (i.e. by email or text) from the signer to affix the signer’s signature to the document and has retained a hard copy of the written permission;

b. has obtained in his or her possession at the time of the filing an image, photograph, or other facsimile of the signer’s signature on the signature page of the document and has retained a hard copy of the image, photograph, or facsimile; or

c. has obtained the signer’s digital signature via any commercially available digital signature software that provides signature authentication; and has instructed the signer to send or deliver the original signed paper(s) to the CM/ECF user as soon as is practicable as required by Local Bankruptcy Rule 9011-1.

The filer shall retain the form of confirmation referenced above for the later of two years or the entry of a final order terminating the case or proceeding to which the document relates.

2) Forbearance of Mortgage Debt. Any creditor/lender/mortgage holder/servicer who issued a temporary suspension of mortgage payments (forbearance) to a borrower/debtor who has a case pending in the SDNY, shall file with the Court a Notice of Temporary Forbearance. A copy of this notice is attached to the order found in the link below.

a. A creditor/lender/mortgage holder/servicer may communicate to a borrower/debtor regarding the forbearance and during the forbearance period without violating the automatic stay, and a loss mitigation order is not needed for the borrower/debtor to enter in to the forbearance agreement.

i. If the parties are unable to come to a consensual resolution regarding a forbearance agreement, either party may request the Court to supervise the request.

3) Loss Mitigation Mediations. Any deadline under the Loss Mitigation Program that had not expired as of March 16, 2020, is extended to July 1, 2020.

4) Documents Required for Meeting of the Creditors. Rather than using an original document, Trustees are permitted to accept evidence that he or she concludes is appropriate to establish the existence of a document used to identify the borrower/debtor, such as a PDF scan, photograph or screenshot of said document.

5) Expiration. The provisions of this Order will expire the earlier of (a) the entry of a further order of this Court or (b) July 1, 2020.

6) Other Cases. The Court will consider requests for similar relief on other cases where the movant can demonstrate exigent circumstances based on the COVID-19 virus pandemic.

A copy of the order and the referenced forbearance form may be found at this link: http://www.nysb.uscourts.gov/sites/default/files/m545.pdf
 

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

On April 8, 2020, the Chief Administrative Judge of the New York State Courts issued an Order (A0/85/20), effective April 13, 2020, directing as follows:

(1)   Trial Courts will address the below matters through remote or virtual court operations and offices:

  1. Courts will assess which pending matters can be advanced or resolved through remote court conferencing and will schedule conferences upon its own initiative or at the request of the parties where appropriate.
  2. Courts will decide fully submitted motions.
  3. Courts will resolve discovery disputes and similar matter not requiring the filing of papers.

(2)   All Video teleconferences conducted by the court or with court participation will be administered exclusively through Skype for Business.

(3)   No new nonessential matters, nor additional papers in pending nonessential matters may be filed until further notice, however the Court may file Orders in any matter as it deems appropriate.

The text of this Order may be found at: https://www.nycourts.gov/LegacyPDFS/courts/5jd/AO-85-20.pdf

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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

On April 7, 2020, Governor Cuomo signed an executive order (Executive Order 202.14) extending certain provisions through May 7, 2020 unless otherwise modified, some of which include (1) that the period of time subject to the Statute of Limitations will be tolled for an additional thirty (30) days through May 7, 2020, subject to further extension; (2) that all in-person business and workplace restrictions, including the mandate that 100% of all non-essential workforce remain out of the workplace, is extended through April 29, 2020, subject to further extension, and (3) in addition to electronic notarizations for those that are present in the State of New York, the Order provides for the act of witnessing pursuant to Article 9 of the Real Property Law (Real Estate Transactions). A documents may be witnessed by utilizing audio-video technology through May 7, 2020, provided that:

  • The person requesting that their signature be witnessed, if not personally known to the witness(es), must present valid photo ID to the witness(es) during the video conference, not merely transmit it prior to or after;
  • The video conference must allow for direct interaction between the person and the witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);
  • The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;
  • The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and
  • The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es) receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.

A link to the text of this Order may be found at: https://www.governor.ny.gov/news/no-20214-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency


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Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

The Unified Court System distributed the attached Press Release yesterday announcing that courts statewide now have the capacity to hear all essential and emergency court matters virtually by video or telephone.

Today, Chief Administrative Judge Marks has announced that the courts will begin to address non-essential pending cases, including tort, medical malpractice and asbestos, commercial, matrimonial, trusts and estates, felony and others, Monday, April 13th. Court conferences regarding these pending cases will need to be conducted remotely via Skype or telephone. The filing of NEW non-essential cases continues to be suspended. To read Judge Marks’s Memorandum, please see attached..

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Click the below links for more info:

NY Courts to open April 13 for non-essential services

Press Release NY Courts to open April 13 for non-essential services

Roach & Lin, P.C.

New York state COVID-19 update provided by Roach & Lin, P.C.

As you may be aware, we are continuously monitoring for updated directives from the Courts and other governmental entities in regards to the COVID-19 pandemic and its effects on conducting foreclosure related business and activity in the State of New York. 

Governor Cuomo issued two orders, dated March 20, 2020 which provide for the following, some of which had been previously discussed: 

1) The statute of limitations has been tolled from March 20, 2020 through April 19, 2020. This means for any file with an upcoming statute of limitations expiration date, the statute of limitations expiration date will be extended by 30 days. It should be noted that this will not provide for relief for loans where the statute of limitations has already expired. 

2) All New York State employers of “non-essential businesses” must reduce the in-person workforce by 100%, and work-from-home or telecommuting procedures must be utilized to the maximum extent possible.

3) There shall be no enforcement of an eviction or foreclosure, whether residential or commercial, for a period of 90 days. 

4) It shall be deemed an unsafe and unsound business practice if, in response to the COVID-19 pandemic, any Bank conducting business in the State of New York shall not grant a forbearance to any person or business who has a financial hardship as a result of the pandemic for a period of 90 days. In addition, the Chief Administrative Judge of the New York State Courts has issued an order prohibiting the county clerk’s offices and the courts from accepting any filings in all non-essential matters, including foreclosure and eviction. This is effective as of 3/22/20 and will continue until further notice.

Given the above information, as firms and courts are unable to process any portion of the foreclosure process until at least 30 days, we suggest placing your files on hold, and directing the cancellation of any scheduled sales to be held within the 90 day period. We will continue to closely monitor for changes and we will advise accordingly. 

Post by – Roach & Lin, P.C. – https://www.roachlin.com