Foreclosures

United Process Service has been handling commercial and residential foreclosure actions for decades for clients in the New York Metro area and beyond.

Foreclosure Information

When filing a Summons and Complaint for Residential and Commercial foreclosures, the cost of purchasing the index number is $400 and the cost of a Notice of Pendency (lis pendens) will vary depending upon the county where the real property is located.

In Commercial Foreclosures, the residential notice requirements listed below do not apply.

Residential Foreclosure

Pursuant to RPAPL 1303, in all residential foreclosures either one of the following two forms must be attached.

1. A notice for mortgagors entitled Help For Homeowners in Foreclosure, along with a Summons and Complaint must be served on properties of one-to-four family dwellings. Notice must be on paper different in color to the Summons and Complaint. Notice shall be in bold 14 point type and the title shall be in bold 20 point type. Since 2010, in all New York State Courts plaintiff’s counsel is required to file an Affirmation certifying that counsel has taken reasonable steps to verify accuracy of the supporting documents filed in support of residential foreclosures. This Affirmation must be submitted to the court referee and a copy filed with the court 5 business days before the scheduled auction.
2. A notice to all tenants entitled Notice to Tenants of Buildings in Foreclosure, shall be served within 10 days of serving Summons and Complaint. Notice must be on paper different in color to Summons and Complaint. Notice shall be in bold 14 point type and the title shall be in bold 20 point type. Notice shall be on its own page. For buildings with fewer than five dwelling  units, notice shall be delivered to tenant by certified mail, return receipt requested, and by first-class mail to tenant’s address at the property if identity of tenant is known to plaintiff, or by first-class mail delivered to “occupant” if identity of tenant is not known to plaintiff. For buildings with five or more dwelling units, a legible copy of said notice shall be posted outside each entrance and exit of building. UPSI ensures that proper care will be taken by our process servers to inquire and discover all possible entrances and exits of apartment dwelling.