We can cover recordings for all 62 counties of this State and have the ability, if necessary, to record out of state.

There have been new additions to Chapter 507 of the Laws of 2009 which was enacted on December 15, 2009 and took effect on January 14, 2010. More specifically, the Real Property Actions and Procedure Law (RPAPL) Section 1303 first required the “Help for Homeowners in Foreclosure” notice to be served upon the mortgagor along with the summons and complaint for owner occupied properties. However, with this new bill, an additional notice must be provided to “any tenant of a dwelling unit entitled “Notice to Tenants of Buildings in Foreclosure.” In a building with less that 5 units, this notice must be delivered to each tenant within 10 days of service of the summons and complaint and must be sent by certified mail return receipt requested and by first class mail to the address of the tenant of the tenant’s identity is known. If unknown, the notice must be delivered to the “occupant” for each tenant in which the identity is unknown.

RPAPL section 1304 which first required 90 day notices for all subprime, high-cost or a non-traditional loan was also expanded to require lenders to send the 90 day notice to all mortgage loans. The 90 day notice is now also required before the disposition of a cooperative unit pursuant to UCC Section 9-611 and UCC section 9-613.

RPAPL section 1305 has been added and applies to judgments of foreclosure and sale issued on or after January 14, 2010. This section of the RPAPL affords rights to tenants of residential real property. RPAPL 1305 enables the tenant to continue to occupy the property and requires the new owner of the property to provide a written 90 day notice to the tenants which advises the tenants that they are “entitled to remain in occupancy of such property for the remainder of the lease term, or a period of ninety days from the date of the mailing of such notice, whichever is greater, on the same terms and conditions as were in effect at the time of the transfer of owners of such property.”

RPAPL section 1306 has been added and is effective as of February 13, 2010 and requires the lender, assignee or mortgage servicer to file, within 3 days of the mailing required by RPAPL section 1304 or UCC section 9-611(f), to file with the State Superintendant of Banks, among other information, the name, address and last known telephone number of the borrower, the amount claimed due and owing on the loan and the type of loan.

Lastly, RPAPL 1307 was added and required Plaintiffs, who have obtained a judgment of foreclosure and sale, to maintain the property until a deed conveying title to the property is recorded.

A notice of pendency or lis pendens is effective for 3 years (CPLR §6513). This notice can be extended in a foreclosure without a court order due to the relatively recent addition of CPLR §6516. A notice of pendency must be in effect at least twenty (20) days prior to the entry of the judgment of foreclosure and sale (RPAPL §1331).

Advantage can cover all 62 counties of New York and we have the ability to file your actions and notices of pendency within 24 hours in all of the counties.

Advantage has in-house counsel with over 15 years of foreclosure litigation experience on staff. We offer expertise and advice in all facets of the foreclosure proceeding and no question will go unanswered.

Advantage’s searches will state what date the County is current to on its certification page. In many cases, the County is not current when the notice of pendency is filed. Advantage will run a search at the time of filing the notice of pendency and notify the client if any new judgments or liens are found before filing the notice of pendency. If nothing new is found, we will file the notice of pendency and our tracking system will produce a “gap” continuation search once the County is up to the notice of pendency filing date. We will notify the client of any “gap” filings as well in order to insure that the case moves through without delays.

Advantage checks the legal description utilized in all documents and will raise exceptions if there are errors in the description. If there are minor issues, we will generally correct the error and provide an accurate legal description. In some cases, the errors are substantial which will require that the legal description be reformed. In certain cases, the legal description cannot be provided without an accurate and guaranteed survey. Advantage can assist in trying to locate a survey or having a survey prepared, if necessary.

Advantage can generally provide a foreclosure search within 48 hours of the submission of the order.

Advantage can handle all types of foreclosure searches including a mortgage foreclosure, tax lien foreclosure, attorney searches, or a cooperative search. We set up the mortgages, liens and judgments in our report in a clear and concise manner. We will set up the names of the necessary parties, list the senior/superior lien interests and provide copies of the necessary documents.

Yes. The search will list senior liens and judgments and will raise any violations that run with the land that cannot be cut off by the foreclosure action. Advantage suggests clearing these exceptions during the early stages of the foreclosure in order to avoid possible delays once the foreclosure is completed.