Per Diem Coverage for Foreclosure Settlement Conferences

CPLR 3408 settlement conferences in residential foreclosure actions, for plaintiff’s counsel and borrower’s counsel, covered in New York State Supreme Court with a same-day report.

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What a CPLR 3408 Conference Is

In a residential foreclosure action involving a home loan, where the defendant lives in the property, CPLR 3408(a) requires the court to hold a mandatory settlement conference. The conference exists to explore a resolution that lets the homeowner keep the home, including a loan modification, a short sale, a deed in lieu of foreclosure, or another loss mitigation option.

These conferences are frequent, they are often adjourned more than once, and each one is a separate trip to the courthouse. That makes them a natural fit for per diem coverage.

The Authority Requirement

CPLR 3408(c) requires the plaintiff and the defendant to appear in person or by counsel, and each party’s representative at the conference must be fully authorized to dispose of the case. A covering attorney who arrives without authority puts the client at risk under the good faith standard in CPLR 3408(f), which counts appearing at the conference with authority to fully dispose of the case among its factors.

The consequences are real. If the court finds that the plaintiff failed to negotiate in good faith, CPLR 3408(j) requires it, at a minimum, to toll interest, costs, and fees during any undue delay the plaintiff caused, and it permits other remedies as well. So before we appear, we confirm the scope of authority in writing and, for a plaintiff, how to reach the servicer during the conference.

What We Need From You

CPLR 3408(e) lists the documents the plaintiff must bring, and the court’s notice will say the same. For a plaintiff’s conference, send us:

the payment history;
an itemization of the amounts needed to cure and to pay off the loan;
the mortgage and note, or copies;
standard application forms and a description of any available loss mitigation options;
where a modification has been or is being evaluated, a summary of its status, and any denial letter; and
written settlement authority and a servicer contact who will be reachable during the conference.

For Borrower’s Counsel

We cover settlement conferences for defense counsel as well. CPLR 3408(e)(2) lists what the defendant brings, where applicable: current income tax returns, expenses, property taxes, previously submitted loss mitigation applications, benefits information, rental agreements or proof of rental income, and anything else the presiding judge requires. For a defendant’s conference, send us:

the conference notice;
the borrower’s financial documents, as submitted to the servicer;
the status of any pending loss mitigation application, what is still outstanding, and any denial letter;
the contact for plaintiff’s counsel or the servicer; and
written authority from your client on the terms we may accept, reject, or counter.

Good faith runs both ways. CPLR 3408(f) applies to the plaintiff and the defendant alike, and if the court finds that the defendant failed to negotiate in good faith, CPLR 3408(k) requires it, at a minimum, to remove the case from the conference calendar. That is why we confirm the package and the scope of authority with you before we appear.

Where We Cover Them

We cover foreclosure settlement conferences in New York State Supreme Court in the counties where we appear: all five boroughs and Nassau, Suffolk, and Orange counties. Westchester County does not permit per diem counsel at settlement conferences, so we do not cover them there. Foreclosure actions are heard in Supreme Court, Civil Branch. See our per diem services page for the full footprint.

What Our Report Tells You

The same business day, you get a written report covering what was discussed, what the court or the court’s designee directed, the documents still outstanding, and the next conference date. If the court raised good faith, the report says so plainly.

Pricing

Per diem services are available to attorneys and law firms only. Coverage is billed at a flat rate per session rather than by the hour, and morning and afternoon sessions are billed separately. Depositions, EBTs, and 50-h hearings carry their own flat rates. Published rates are on our per diem services page, and we quote the exact rate when we confirm the appearance.

Book a Foreclosure Conference

For same-day or emergency requests, call 212-233-0666 or text 917-686-3827. For anything else, use the order form or email fabramson@abramsonlegal.com.

Frequently Asked Questions

Can a per diem attorney appear at a CPLR 3408 foreclosure settlement conference? +

Yes. CPLR 3408(c) allows each party to appear by counsel, but the representative at the conference must be fully authorized to dispose of the case. We confirm the scope of authority in writing before we appear.

What documents does the plaintiff have to bring to a foreclosure settlement conference? +

CPLR 3408(e) requires the plaintiff to bring the payment history, an itemization of the amounts needed to cure and pay off the loan, the mortgage and note or copies, and standard application forms and a description of loss mitigation options, plus a status summary where a modification has been evaluated.

What does the defendant have to bring to a foreclosure settlement conference? +

Under CPLR 3408(e)(2), where applicable, the defendant brings information on current income tax returns, expenses, property taxes, and previously submitted loss mitigation applications, benefits information, rental agreements or proof of rental income, and any other documents the presiding judge requires.

Which courts do you cover for foreclosure conferences? +

We cover foreclosure settlement conferences in New York State Supreme Court in all five boroughs and Nassau, Suffolk, and Orange counties.

What do you charge for a foreclosure settlement conference? +

Coverage is billed at a flat rate per session rather than by the hour, and morning and afternoon sessions are billed separately. Published rates are on our per diem services page, and we quote the exact rate when we confirm the appearance.