The final judgment of foreclosure and sale is the legal document that appoints a referee to conduct the auction in a foreclosure action and allows the plaintiff lender to schedule the sale and advertise it with a notice of sale. The judgment will specify the total amount due and direct how the sale proceeds will be distributed. Section 1351 of New York’s Real Property Actions and Proceedings Law sets out the process when a court issues a final judgment in a foreclosure proceeding. The mortgaged property is to be sold at auction by a county sheriff or court referee. RPAPL §1351(2) requires that if the mortgage debt can be discharged by a sum less than the value of auctioning the whole property, the county sheriff or court referee may auction parcels of the property as long as it does not harm the interests of the parties involved.

If you need help with a foreclosure judgment, contact us online or call Scott Lanin, Esq. at (212) 764-7250 Ext.201. We offer a free phone consult to review and evaluate your case or you can schedule an office consult.