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

The recent enactment of the Home Equity Theft Prevention Act created two (2) additional statutes that the foreclosure practitioner must address. RPAPL §1303 requires that an additional notification be delivered with the summons to the record owner, mortgagor and any tenants at the premises if it affects residential property. This notification has specific language as addressed in the statute and must be placed on a different colored paper than the summons and complaint. In addition, RPAPL §1320 requires additional language be placed directly in the summons. Judges have been on the lookout for compliance with this statute and it is strongly suggested that the affidavits of service filed with the court show that the additional notice was given.

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.