Skip to main content

I received a paper that says it is an RJI on a foreclosure of family property

East Syracuse, NY |
Filed under: Foreclosure

under nature of judicial intervention its checked ex-parte Application Relief sought Order of reference/reference to compute. What does this mean?

Attorney Answers 4

Posted

That means that the Plaintiff (i.e. your lender of loan servicer) will be making an application to the Court to grant them a judgment (either a default or summary judgment) and for the Court to appoint and independent attorney (i.e. Referee) to compute the total amount of monies due to the Plaintiff.

If granted, and once the referee report is completed, the Plaintiff will then be enabled to move the Court for a Judgment and Foreclosure Sale which upon the judge's granting, will enable the Plaintiff to schedule an auction of the property.

You definitely need to get a hold of counsel if you have any intention of keeping this property.

Mark as helpful

2 lawyers agree

Posted

That Answer is correct. If you want to stop the sale of the property get counsel right away. It does not matter if you are in a modification with the Bank or they are telling you not to worry about it. This is an emergency!

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

Mark as helpful

2 lawyers agree

Posted

The foreclosure sale of your home (the final step in the foreclosure is getting close--exactly how long is hard to say based on the information you have given). If you want to save your house you should contact an attorney right away. If you are in the middle of applying for a mortgage modification and someone from the bank is telling you not to worry about this paperwork---DON"T TRUST THEM. You could lose your house.

See an attorney right away if you want to keep your house.

No attorney client relationship has been created by this answer.

Mark as helpful

1 lawyer agrees

Posted

It means that the plaintiff is asking for a judge to be assigned to you foreclosure matter. If they are asking for ex-parte relief, I assume that you did not make an appearance in the foreclosure matter and so they will be proceeding against you to finalize the foreclosure.

Mark as helpful

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics