Rule 3408. Mandatory settlement conference in residential foreclosure\nactions. (a) 1. Except as provided in paragraph two of this subdivision,\nin any residential foreclosure action involving a home loan as such term\nis defined in section thirteen hundred four of the real property actions\nand proceedings law, in which the defendant is a resident of the\nproperty subject to foreclosure, plaintiff shall file proof of service\nwithin twenty days of such service, however service is made, and the\ncourt shall hold a mandatory conference within sixty days after the date\nwhen proof of service upon such defendant is filed with the county\nclerk, or on such adjourned date as has been agreed to by the parties,\nfor the purpose of holding settlement discussions pertaining to the\nrelative rights and obligations of the parties under the mortgage loan\ndocuments, including, but not limited to: (i) determining whether the\nparties can reach a mutually agreeable resolution to help the defendant\navoid losing his or her home, and evaluating the potential for a\nresolution in which payment schedules or amounts may be modified or\nother workout options may be agreed to, including, but not limited to, a\nloan modification, short sale, deed in lieu of foreclosure, or any other\nloss mitigation option; or (ii) whatever other purposes the court deems\nappropriate.\n 2. (i) Paragraph one of this subdivision shall not apply to a home\nloan secured by a reverse mortgage where the default was triggered by\nthe death of the last surviving borrower unless:\n (A) the last surviving borrower's spouse, if any, is a resident of the\nproperty subject to foreclosure; or\n (B) the last surviving borrower's successor in interest, who, by\nbequest or through intestacy, owns, or has a claim to the ownership of\nthe property subject to foreclosure, and who was a resident of such\nproperty at the time of the death of such last surviving borrower.\n (ii) The superintendent of financial services may promulgate such\nrules and regulations as he or she shall deem necessary to implement the\nprovisions of this paragraph.\n (b) At the initial conference held pursuant to this section, any\ndefendant currently appearing pro se, shall be deemed to have made a\nmotion to proceed as a poor person under section eleven hundred one of\nthis chapter. The court shall determine whether such permission shall be\ngranted pursuant to standards set forth in section eleven hundred one of\nthis chapter. If the court appoints defendant counsel pursuant to\nsubdivision (a) of section eleven hundred two of this chapter, it shall\nadjourn the conference to a date certain for appearance of counsel and\nsettlement discussions pursuant to subdivision (a) of this section, and\notherwise shall proceed with the conference.\n (c) At any conference held pursuant to this section, the plaintiff and\nthe defendant shall appear in person or by counsel, and each party's\nrepresentative at the conference shall be fully authorized to dispose of\nthe case. If the defendant is appearing pro se, the court shall advise\nthe defendant of the nature of the action and his or her rights and\nresponsibilities as a defendant. Where appropriate, the court may permit\na representative of the plaintiff or the defendant to attend the\nsettlement conference telephonically or by video-conference.\n (d) Upon the filing of a request for judicial intervention in any\naction pursuant to this section, the court shall send either a copy of\nsuch request or the defendant's name, address and telephone number (if\navailable) to a housing counseling agency or agencies on a list\ndesignated by the division of housing and community renewal for the\njudicial district in which the defendant resides. Such information shall\nbe used by the designated housing counseling agency or agencies\nexclusively for the purpose of making the homeowner aware of housing\ncounseling and foreclosure prevention services and options available to
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