Zombie Property: Expedited Foreclosure
Application for an Expedited Judgment of Foreclosure and Sale (RPAPL § 1309)
The new law creates a streamlined foreclosure process whereby the mortgagee-plaintiff can apply, by notice of motion or order to show cause, for an expedited judgment of foreclosure and sale on the grounds that the property is vacant and abandoned, as defined in RPAPL § 1309. The application must be supported by: (i) an affidavit and other proof that the plaintiff owns the mortgage and note; (ii) photographs documenting that the property is vacant and abandoned; and (iii) any utility records evidencing the property’s occupancy status. The application must also set forth the amounts owed under the mortgage and note, including the current principal balance and an itemized account of fees, costs and interest accrued, all of which must be supported by documentary evidence. The application must also include a request that the court confirm the sums due and owed. It is incumbent upon the court to promptly send notice to the defendant of the plaintiff’s application for an expedited judgment of foreclosure and sale in a form prescribed by, or at the discretion of, the courts.
The new law requires the chief administrative judge of the courts to adopt such rules as he or she deems necessary to expeditiously implement the provisions of this section. For additional information, please contact the New York State Office of Court Administration.