New York Request for Judicial Intervention (RJ) is a mechanism used in residential mortgage foreclosure actions to create an opportunity for settlement negotiations. RJ is an administrative filing that notifies the court of the mortgage foreclosure action and requests the court to assign a judge to preside over the dispute. The RJ identifies the parties involved in the foreclosure action and includes an affidavit of service, which confirms that notice of the foreclosure action was provided to all necessary parties. There are two types of RJ: 1) Non-Judicial Settlement Conference (NTSC); and 2) Judicial Settlement Conference (JSC). The NTSC is a non-binding negotiation between the parties facilitated by a court-appointed attorney. The goal of this conference is to encourage the parties to reach a settlement and avoid foreclosure. The JSC is a binding negotiation between the parties that is presided over by a judge. The goal of the JSC is to find a solution that is acceptable to all parties and avoids foreclosure.
New York Request for Judicial Intervention (Settlement Conf. in Residential Mortgage Foreclosure Action)
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FAQ
Rule 3408. Mandatory settlement conference in residential foreclosure actions.
Supreme Court cases are not assigned to a Judge until one of the parties files a Request for Judicial Intervention (RJI) form and pays the filing fee.
Related Definitions Judicial Intervention means if the Court or Tribunals has issuedsummons, notice of appearance or any other notice as may be applicable from time to time.
A form that a party files in a New York state court action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.
The ?statute of limitations? in the State of New York for foreclosure actions, per CPLR 213(4), is a six (6) year statute of limitations that measures the time period starting from the lender's ?acceleration? of the mortgage by an overt and unequivocal act, until the lender actually commences a foreclosure action.
A Request for Judicial Intervention (RJI) must be filed no later than 45 days from service of the summons. OR. A Request for Judicial Intervention (RJI) must be filed no later than 120 days from service of the summons if a Notice of No Necessity is filed by both parties.
The New York state court system that provides for the continuous supervision of each action or proceeding by a single judge. Actions and proceedings are randomly assigned to the judges of the court once a party files a request for judicial intervention (RJI).