Judgment of Foreclosure and Sale Vacated The Case To Be Brought Back to the Foreclosure Settlement Part

April 1, 2014 By Elliot S. Schlissel

JP Morgan Chase had initiated a foreclosure legal action and had been granted summary judgment. In addition, a referee was appointed to compute with regard to the sale. The property never was sold at auction. JP Morgan Chase thereafter brought a proceeding before Justice Francesca Connolly in Westchester Supreme Court requesting the Order of Reference and Judgment of Foreclosure and Sale be vacated. They took this action because they claim they were unable to comply with Administrative Order 431-11. Justice Connolly granted JP Morgan Chase’s unopposed application. The Order of Reference and Judgment of Foreclosure and Sale were vacated. Thereafter, Chase brought a motion for summary judgment again and for another Order of Reference. The court decided the defendants were entitled to have the matter sent back to the foreclosure settlement conference part.

Since the property involved was residential which was occupied by the owners of the property, and the action was started before September 1, 2008, and a final judgment had not been entered, it was appropriate that the defendants had a statutory right to request the matter be sent back to the foreclosure conference part to try to settle the matter with the bank.

Elliot Schlissel is a foreclosure lawyer with more than 45 years of legal experience, who has successfully represented homeowners throughout the Metropolitan New York area in foreclosure lawsuits.