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Settlement conference

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alternative or the referee has determined that one of the parties has not satisfied its requirements under the law. Settlement conferences do not produce formal dispositions but may facilitate loan modifications and stop foreclosure. The referee or JHO will make a recommendation to the judge overseeing the foreclosure proceedings once the settlement conference is concluded.
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entered or are entering into foreclosure from September 2008 on, will be required to attend a mandatory settlement conference prior to foreclosure proceedings. High cost loans are considered to have excessive fees, risk-based sub-prime percentage rates, negative amortizing payment options, and other features which may or may not be considered predatory lending practices.
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now provides that the court shall hold a mandatory settlement conference for all loans for one to four family homes within sixty days following the date proof of service is filed with the county clerk. The new law also provides that both the defendant homeowner and the plaintiff lender negotiate in
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On December 1, 2008, the New York State Unified Court System began sending notices to borrowers in default who have high cost mortgages, whose mortgages were being foreclosed prior to September 1, 2008, offering voluntary settlement conferences. Borrowers with high cost mortgages whose mortgages
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The foreclosure proceedings are effectively stopped until the referee or judicial hearing officer (JHO) in the settlement conference determines that the settlement conferences are concluded, either because the parties have successfully modified the home loan or obtained some other foreclosure
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good faith during their mandated settlement conference. The plaintiff lender is required to have a representative or attorney appear at the settlement conference with the authority to fully negotiate and settle the matter.
194:"The Newly-Enacted CPLR 3408 for Easing the Mortgage Foreclosure Crisis: Very Good Steps, but not Legislatively Perfect Foreclosure Crisis: Very Good Steps, but not Legislatively Perfect" 79:
In some courts, the rules require that before certain types of motions or petitions will be heard by the judge, the lawyers must "meet and confer" to try to resolve the matter.
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at which the parties attempt to reach a mutually agreeable resolution of their dispute without having to proceed to a
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signed into law an expanded version of the mandatory settlement conference legislation. Section 3408 of the
96: 168:"Civil Practice Law and Rules § 3408: Mandatory Settlement Conference in Residential Foreclosure Actions" 228: 113: 92: 56:. Conferences are frequently conducted by a judge or other neutral party, in the form of a 28:. Such a conference may be initiated through either party, usually by the conveyance of a 8: 147: 193: 29: 171: 222: 123: 144:
The people's law dictionary : taking the mystery out of legal language
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as a precedent (preliminary step) to holding a trial. Each party, the
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for the paperwork used to set up the settlement conference for
53: 33: 83:Foreclosure Pre-foreclosure Settlement Conferences 220: 20:is a meeting between opposing sides of a 142:Hill, Gerald N.; Hill, Kathleen (2002). 141: 97:Civil Practice Law and Rules of New York 221: 191: 13: 63: 18:settlement or pre-trial conference 14: 240: 44:, is usually represented at the 192:Dillon, Mark C. (April 2010). 185: 160: 135: 76:may be used to settle a case. 32:; or it may be ordered by the 1: 129: 7: 146:. New York, NY: MJF Books. 107: 10: 245: 114:Allocation questionnaire 93:Governor David Paterson 91:On December 15, 2009, 68:In many courts in the 46:settlement conference 120:matters in England 236: 214: 213: 211: 209: 189: 183: 182: 180: 179: 170:. Archived from 164: 158: 157: 139: 30:settlement offer 244: 243: 239: 238: 237: 235: 234: 233: 229:Civil procedure 219: 218: 217: 207: 205: 198:Pace Law Review 190: 186: 177: 175: 166: 165: 161: 154: 140: 136: 132: 110: 85: 74:case conference 66: 64:Case conference 12: 11: 5: 242: 232: 231: 216: 215: 184: 159: 152: 133: 131: 128: 127: 126: 121: 109: 106: 84: 81: 65: 62: 9: 6: 4: 3: 2: 241: 230: 227: 226: 224: 203: 199: 195: 188: 174:on 2010-12-17 173: 169: 163: 155: 153:9781567315530 149: 145: 138: 134: 125: 124:In open court 122: 119: 115: 112: 111: 105: 101: 98: 94: 89: 80: 77: 75: 71: 61: 59: 55: 51: 48:by their own 47: 43: 39: 35: 31: 27: 23: 19: 206:. Retrieved 201: 197: 187: 176:. Retrieved 172:the original 162: 143: 137: 118:small claims 102: 90: 86: 78: 73: 67: 45: 17: 15: 208:21 November 178:2011-02-03 130:References 72:system, a 70:common law 58:mediation 42:defendant 38:plaintiff 223:Category 204:(3): 855 108:See also 54:attorney 40:and the 50:counsel 22:lawsuit 150:  34:court 26:trial 210:2021 148:ISBN 52:or 225:: 202:30 200:. 196:. 60:. 16:A 212:. 181:. 156:.

Index

lawsuit
trial
settlement offer
court
plaintiff
defendant
counsel
attorney
mediation
common law
Governor David Paterson
Civil Practice Law and Rules of New York
Allocation questionnaire
small claims
In open court
ISBN
9781567315530
"Civil Practice Law and Rules § 3408: Mandatory Settlement Conference in Residential Foreclosure Actions"
the original
"The Newly-Enacted CPLR 3408 for Easing the Mortgage Foreclosure Crisis: Very Good Steps, but not Legislatively Perfect Foreclosure Crisis: Very Good Steps, but not Legislatively Perfect"
Category
Civil procedure

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