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The Department has extended the timeline for reporting resolutions short of a Judgment of Foreclosure and Sale. Resolutions must be reported within 35 days of the date of the resolution, instead of 30 days. The filing instructions have been revised accordingly.

Instructions for Filing a 90-day Pre-foreclosure Notice with the New York State Department of Financial Services Effective January 1, 2014

A. INTRODUCTION:

The 2009 Mortgage Foreclosure Law requires each lender, assignee, or mortgage loan servicer to file with the Superintendent of Financial Services, within three business days after mailing the 90-day pre-foreclosure notice for residential real property or cooperative apartments, certain information that will aid the Department in assisting borrowers at risk of foreclosure. This includes the name, address and last known telephone number of the borrower, the amount claimed as due and owing on the mortgage, and any other information the Superintendent may require to determine the type of loan product.

The Superintendent may subsequently request such readily available information as may be reasonably necessary to facilitate a review of whether a borrower might benefit from counseling or other foreclosure prevention services.

The information collected shall be used by the Superintendent for the following purposes:

The filing must be on a form prescribed by the Superintendent. Information filed under this section is not subject to disclosure under the Freedom of Information Law or to certain provisions of the Personal Privacy Protection Law.

Information on how to obtain a userid and password

B. THREE PART FILING PROCESS:

The Department of Financial Services has developed a three-part filing process.

Step 1 requires a filing within three business days after mailing a 90-day pre-foreclosure notice and is designed to capture the most relevant information necessary to understand the terms of the mortgage and make contact with the borrower. The purpose of this initial step is to provide sufficient information to facilitate outreach efforts by housing counselors to individual borrowers.

Step 2 requires a filing within five business days after filing a lis pendens and will capture more updated information on the original loan. Step 2 filings notify the Department that the filer (plaintiff) has proceeded to file a foreclosure action in court and are valuable in the Department's analysis of the mortgage crisis and in targeting outreach efforts. Step 2 filings are mandatory for loans that have been entered into the system during Step 1.

Step 3 requires a filing within thirty days of entry of the Judgment of Foreclosure and Sale. This filing notifies the Department of the date of foreclosure and whether the property was owner-occupied. This information allows the Department to monitor the extent of actual foreclosures across the state and to target future outreach efforts. Step 3 filings are mandatory for loans that received a 90-day pre-foreclosure notice on or after February 13, 2010 and have been entered into the system during Step 1 and Step 2.


C: FILING ELECTRONICALLY:

Individual Filings:

For individual online filings, filers must complete all required fields. Please follow the on-screen instructions. See this flow chart for a visual representation of the required mortgagee information. Once the filing for Step 1 has been submitted through the system with all required fields, a tracking number will be e-mailed directly to the e-mail address you provided for tracking purposes in the first section of the filing. This Tracking number will be required when filing Step 2 and Step 3.

Bulk Filings:

For Step 3, no Bulk files will be accepted. All Step 3 filings must be made using the online system.


D. DATA REQUIRED IN STEP 1:

All fields are required, unless otherwise indicated on the system.

Filing Information

Property Information

Loan Information

Borrower Information

Entity Information


E. DATA REQUIRED IN STEP 2 (where Step 1 was filed on or after January 1, 2014)

Step 2 filings are due five business days after a lis pendens filing. Data required in Step 2 include updates for any information that may have changed since the original filing, including changes in servicer information. This information will allow the State to monitor and analyze foreclosure filings in the State and target its foreclosure outreach efforts.


F. STEP 2 (where Step 1 was filed before January 1, 2014)

A different Step 2 filing is required when Step 1 was filed before January 1, 2014. It is similar to the Step 2 filing before January 1, 2014, but also contains 2 additional questions regarding securitized loan modifications.


G. DATA REQUIRED IN STEP 3

Information required in Step 3 includes the date of entry of the Judgment of Foreclosure and Sale and whether the property was owner-occupied at the time of the judgment.


H. RESOLUTION

To assist the Department in monitoring the extent of foreclosure filings within the state and performing related analyses, lenders, assignees, or mortgage loan servicers are required to report resolutions reached on or after January 1, 2014 that are short of a Judgment of Foreclosure and Sale. A "Resolution" tab has been added to the filing system where a drop-down menu containing various resolutions is provided. Reporting of such resolutions is required regardless of whether the dispute has already proceeded to a foreclosure filing, and must be made within 35 days of the resolution.


I. UPDATES

A filing may now be updated as needed. To update a filing, select the "Updates" tab at the top of the home screen in the filing system. Search for the existing filing you would like to update, click the "edit" button next to the filing, and choose the step of the filing you would like to update. You may update all fields with the exception of the borrower's last name and the zip code of the property.


J. QUESTIONS

Questions relating to the filing process should be e-mailed to preforeclosurefiling@dfs.ny.gov

All filings for Step 1, Step 2, and Step 3 of the 90-day pre-foreclosure notice filing process can be submitted to the Department of Financial Services via the Online Filing System

Updated 12/17/2013

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