Kings County New York Foreclosure Help, Defense, Laws and Process

 


Kings County is now the most populous county in New York State and second most densely populated county in United States. It’s also the western most county on long Island. Let’s walk through the general foreclosure rules in Kings County.

Kings County New York Foreclosure Process

  • Same judge is assigned to all the foreclosure matter comes under the same block and lot number.
  • The order of reference; the judgment of foreclosure and sale; a deficiency judgment; the order in surplus money proceedings; and the Referee’s application for additional compensation, must be used in all foreclosure proceedings.
  • The Ex- parte clerk is authorized reject, all the application that failed to follow the protocol.
  • Motion support office must receive a proposed order attached to the motion submitted; else you have to submit the attachment to an IAS judge within 60 days.
  • The order of reference must cover appended thereto, the history of the property, date of assignment and where the assignment is located.
  • If opposition occurs, clerk will suspend the case to assigned judge’s next available date.
  • A conference will be ordered in every case, if there is an appearance by the defendant owner.
  • Within one year after the entry of order of reference, the lender can apply for a judgment of foreclosure and sale.
  • A referee will be appointed by the court, who can determine the time place and date for the sale.
  • A notice of sale must be sent to the foreclosure department and the borrower at least 10 days prior to the sale.
  • The lender should publish the sale details in the newspaper.
  • Notices of Sale may be filed with the Clerk within one year of the entry of the Judgment of Foreclosure and Sale.
  • Its lenders responsibility to notify the referee about any future commitment in advance of sale date.
  • At the auction all interested parties including the referee must be present.
  • Any future commitment must be posted outside the court no later than 2:15 PM of the day of sale.
  • Referee will announce all the future commitment prior to the sale
  • Cash or certified or bank check payable to the referee can be accepted.
  • All bidders must have 10% of the bid as cash or certified or bank checks at the time of bidding.
  • No sale will be finalized until the 10% is paid to the referee.
  • If the winning bidder failed to do so, the property will be returned to auction same day.
  • Any failure from the bidder in paying full amount within 30 days will result in the forfeiture of 10% deposit.
  • He winning bid will be recorded by the court reporter, as purchase price.
  • It is the bidder’s responsibility to get acquainted with the property prior to bidding.
  • The bidder must have adequate fund to make a good bid.
  • The property is transferred to the bidder name, once he pays the entire bid amount.
  • The borrower does not have the right to redeem the property once it is sold.