[NOTE: The following sample questionnaire is used with the New York Foreclosures Library.]

FORECLOSURE QUESTIONNAIRE

Do you represent:
__Plaintiff
__Defendant
__Receiver, to settle his account
__Purchaser at foreclosure sale
__Claimant of surplus money
__any party filing a discontinuance
IF YOU REPRESENT DEFENDANT
Name of client:
Address:

__usury defense
__"bonus payment" added to debt
__no proper notice of default
__Plaintiff acquiesced to late payments
__Defendant has paid the debt
__Plaintiff trying to get higher interest
Index No.:
IF YOU REPRESENT RECEIVER
Name of Receiver:
Address:

Date of appointment:
Date of account:
__requesting attorneys' fees: $
__Receiver's undertaking/bond to be canceled
__there debts of the Receiver to be paid
Date of judgment:
Index No.:
IF YOU REPRESENT PURCHASER
__prepare __motion papers __order to show cause (to recover possession)
__Plaintiff was purchaser of premises at foreclosure sale
Name of purchaser:
Address:

Date of judgment:
Index No.:
Name of Referee:
Date of foreclosure sale:
Date of Referee's deed:
IF YOU REPRESENT CLAIMANT
Name of claimant:
Address:

Date of claim:
Amount of claim: $
Rate of any interest: ___%
Describe claim:

Date of judgment:                    Index No.:

Name of Referee:
Date of foreclosure sale:
Date of Referee's report of sale:
Date report filed:
__report was confirmed on:
Amount of surplus money: $
__another referee to be appointed to determine amount or priority of claim
IF YOU REPRESENT PARTY FILING DISCONTINUANCE
Name of client:
Address:

Index No.:
Date notice of pendency was filed:
THE PREMISES
Use:
      __house               __industrial/manufacturing
      __garden apartments   __mixed use - office and com'l
      __office building     __mixed use - office and res'l
      __shopping center     __mixed use - res'l and com'l
      __apartment house     __other:
      __vacant land
Street Address:
City, State ZIP:
Common name:
County [where action filed]:
Name of Court:
Address of Court:

Section No.:
Block No.:
Lot No.:
__more than one parcel - no. of parcels:
[description is to be Exhibit A]

Estate:
__entire estate (fee title to both land and buildings
__land only
__buildings only
__leasehold estate
__leasehold estate and fee title
__leasehold estate and land
__leasehold estate and buildings
Identify paramount lease:

__premises is subject to any space leases

DEFAULTS
__payment of principal and interest - describe:







__OTHER defaults:
__payment of real estate taxes [__or escrows]
__payment of water/sewer charges [__or escrows]
__prohibited sale of premises
__prohibited new mortgage on premises
__failure to maintain insurance
__alteration, demolition or waste
__other
Describe the defaults:









IDENTIFY MORTGAGE
Date of Mortgage:
Date recorded:
Liber, page, office of recording:


__securing a BOND, not a NOTE
Original principal amount: $
Current principal amount: $
__Plaintiff to seek attorneys' fees
__reasonable fees determined by Court
__percentage of outstanding debt: ___%
__fixed amount: $
Other amounts due:



Rate of interest: ___% per annum
Different rate after default: ___% per annum

Date of default from which interest accrues:
IDENTIFY PLAINTIFF (current holder of Mortgage)
Name of Plaintiff #1:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:
Tele. No.:

Name of Plaintiff #2:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:
Tele. No.:


Name of Plaintiff #3:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:
Tele. No.:

Name of Plaintiff #4:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:
Tele. No.:

[identify any other Plaintiffs on a separate sheet]

Did Plaintiff acquired the Mortgage by assignment from some other original holder of the Mortgage? [usually no] __Y __N

Identify the original holder of the Mortgage (by name and address), and any interim holders of the Mortgage, and the assignment(s) and recording data (liber,page) of each assignment:







IDENTIFY CURRENT OWNER OF PREMISES
Name of Owner/Defendant #1:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:
Tele. No.:

Name of Owner/Defendant #2:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:
Tele. No.:

Name of Owner/Defendant #3:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:
Tele. No.:

Name of Owner/Defendant #4:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:
Tele. No.:

[identify any other owners on a separate sheet]

__Defendant/Owner probably will file an appearance
__probably will file an answer
__probably will declare bankruptcy
__represented by attorney:

Were the Note and Mortgage executed by some prior owner (the "Mortgagor")? __Y __N

Identify original Mortgagor:
Name of Mortgagor #1:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:

Name of Mortgagor #2:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:

Name of Mortgagor #3:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:

Name of Mortgagor #4:
__male __female
__corporation __partnership __LLC State:
Street Address:
City, State ZIP:

[identify any others on a separate sheet]

__original "Mortgagor" is to be name as Defendant
__and seeking a deficiency judgment
__probably will file an appearance
__probably will file an answer
__probably will declare bankruptcy
__represented by attorney:


OTHER DEFENDANTS
__any unidentified Defendants - "JOHN DOE #1" through "JOHN DOE #10"

__United States of America - claim:


__NYC Department of Rent and Housing Maintenance - claim:

__NYC Parking Violations Bureau - claim:

__any other governmental authority:


__any other Defendants to be named:





Date of foreclosure petition:

__there is a superior mortgage
Name of holder:
Address:
Date of superior mortgage:
Amount due: $________ as of:
Rate of interest: ___% per annum
__premises to be sold subject to real estate taxes (rather than being paid from proceeds of foreclosure sale)

__a Receiver of rents, issues and profits is to be appointed

__Referee is to auction premises without employing an auctioneer

__prepare affidavits of service

__prepare backs