Client Update | By Robert L. Galbraith, Jr. and Heather C.M. Rogers | November 24, 2009

On November 19, 2009, Suffolk County Judge, Jeffrey Arlen Spinner, J., issued an opinion, 2009 NY Slip Op 52333(U), which raises great concern with regard to participation of Plaintiffs in Mandatory Settlement Conferences.

   First, the Court scheduled a mandatory settlement conference post Judgment to,
              “obtain meaningful cooperation from Plaintiff.”

  Second, the settlement conference was continued five times in an effort by the Court to force

  settlement. 

  Third, there being no settlement after the fifth continuance, the Court, upon its own motion: 

• ORDERED that the Note be cancelled, voided, avoided, nullified, set aside and is of no further force and effect; and
• ORDERED that the Mortgage be vacated, cancelled, released and discharged of record; and
• ORDERED that the Plaintiff, its successors and assigns are hereby barred, prohibited and foreclosed from attempting, in any manner, directly or indirectly, to enforce any provision of the Note and Mortgage or any portion thereof as against Defendant, her heirs or successors; and
• ORDERED that the Judgment of Foreclosure & Sale granted and entered be vacated and set aside; and
• ORDERED that the Notice of Pendency be cancelled, vacated and set aside. 

While our office is of the opinion that the Court was improper in its actions, and it is not yet known whether Plaintiff in that action will appeal, the opinion itself clarifies that the Courts are looking to force settlements and are willing to take such extreme steps to keep individuals in their homes.

A link to the decision is attached below for your review and convenience. 

http://www.nycourts.gov/reporter/3dseries/2009/2009_52333.htm

For more information, please contact Heather C.M. Rogers at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Robert L. Galbraith, Jr. at This e-mail address is being protected from spambots. You need JavaScript enabled to view it