On October 12, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Wilmington Savings Fund Society, Fsb, D B A Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust,,
and
Board Of Managers Of Strivers Gardens Condominium,
City Of New York, A Municipal Corporation Acting By And Through Its Departmnt Of Preservation And Development,
East Fork Capital Equities, Llc,
John Doe #1 Through John Doe #12,
The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises, Described In The Complaint,
New York City Environmental Control Board,
New York City Transit Adjudication Bureau,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 02/18/2022 01:38 PM INDEX NO. 850236/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/18/2022
Exhibit 15
FILED: NEW YORK COUNTY CLERK 02/18/2022 01:38 PM INDEX NO. 850236/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/18/2022
S. 1 14
1 a. Significant loss of revenue during the COVID-19 pandemic; or
2 b. Significant increase in necessary expenses related to providing
3 personal protective equipment to employees or purchasing and installing
4 other protective equipment to prevent the transmission of COVID-19 with-
5 in the business; or
6 c. Moving expenses and difficulty in securing an alternative commer-
7 cial property make it a hardship for the business to relocate to another
8 property during the COVID-19 pandemic; or
9 d. One or more of the business's tenants has defaulted on a signif-
10 icant amount of their rent payments since March 1, 2020.
11 § 3. The foreclosing party shall include a "Hardship Declaration" with
12 every notice required provided to a mortgagor prior to filing an action
13 for foreclosure. Such notice shall also include a mailing address, tele-
14 phone number and active email address the mortgagor can use to contact
15 the foreclosing party and return the hardship declaration.
16 § 4. No court shall accept for filing any action to foreclose a mort-
17 gage unless the foreclosing party or an agent of the foreclosing party
18 files an affidavit, under penalty of perjury:
19 1. of service demonstrating the manner in which the foreclosing
20 party's agent served a copy of the hardship declaration with required
21 notices, if any, provided to the mortgagor, and
22 2. a. attesting that, at the time of filing, neither the foreclosing
23 party nor any agent of the foreclosing party has received a hardship
24 declaration from the mortgagor; or
25 b. attesting that at the time of filing, the foreclosing party or an
26 agent of the foreclosing party has received a hardship declaration from
27 the mortgagor, but the foreclosing party believes in good faith that the
28 hardship certified in the hardship declaration does not exist.
29 At the earliest possible opportunity, the court shall seek confirma-
30 tion on the record or in writing that the mortgagor has received a copy
31 of the hardship declaration and whether the mortgagor has returned the
32 hardship declaration to the foreclosing party or an agent of the fore-
33 closing party. If the court determines a mortgagor has not received a
34 hardship declaration, then the court shall stay the proceeding for a
35 reasonable period of time, which shall be no less than ten business days
36 or any longer period provided by law, to ensure the mortgagor received
37 and fully considered whether to submit the hardship declaration.
38 § 5. In any action to foreclose a mortgage in which a judgment of sale
39 has not been issued, including actions filed on or before March 7, 2020,
40 if the mortgagor provides a hardship declaration to the foreclosing
41 party, the court, or an agent of the foreclosing party or the court, the
42 proceeding shall be stayed until at least January 15, 2022. If such
43 hardship declaration is provided to the foreclosing party or agent of
44 the foreclosing party, such foreclosing party or agent shall promptly
45 file it with the court, advising the court in writing the index number
46 of all relevant cases.
47 § 6. In any action to foreclose a mortgage in which a judgment of sale
48 has been issued prior to the effective date of this act but has not yet
49 been executed as of the effective date of this act, including actions
50 filed on or before March 7, 2020, the court shall stay the execution of
51 the judgment at least until the court has held a status conference with
52 the parties. In any action to foreclose a mortgage, if the mortgagor
53 provides a hardship declaration to the foreclosing party, the court, or
54 an agent of the foreclosing party or the court, prior to the execution
55 of the judgment, the execution shall be stayed until at least January
56 15, 2022. If such hardship declaration is provided to the foreclosing
Document Filed Date
February 18, 2022
Case Filing Date
October 12, 2021
Category
Real Property - Mortgage Foreclosure - Residential
Status
Active-Post Judgment
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