New York Supreme Court, Queens County Document Filing Requirements

Checked against the court's document on Oct 5, 2026CRITICAL

Applies to

Proceeding submission

Must include

certificate of service

Proof of service and any answer, including proposed counterclaims, must be uploaded to NYSCEF by 9:30 a.m. on the initial return date; failure constitutes waiver and precludes further proof.

The calendar must be answered by counsel or the self-represented litigant, who must be ready for trial on the return date. Proof of service of the Order to Show Cause or Notice of Petition, as well as any Answers including proposed Counterclaims, shall be uploaded to NYSCEF (with confirmation of e-filing), no later than 9:30 a.m. on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.

Checked against the court's document on Oct 5, 2026CRITICAL

Applies to

Offer of proof

In a fraud proceeding, the written offer of proof must identify the expected witnesses and their details, be served on all opposing parties, and be uploaded to NYSCEF by 9:30 a.m. on the initial return date; failure constitutes waiver and precludes further proof.

A complete written offer of proof, in all matters alleging a question of fraud, including a statement as to the number of witnesses expected to be called, the identification of each such witness (by name, address, volume, page and line) and the status of each such witness (i.e., candidate, signatory, subscribing witness, notary public, etc.) shall be served upon all opposing parties and uploaded to NYSCEF no later than 9:30 a.m., on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Applies to

Public notice

Public notices published and posted under RPAPL §231 must include a summary of the special auction policies and procedures.

A summary of these special policies and procedures shall be included in the public notices published and posted pursuant to RPAPL §231.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Applies to

Foreclosure judgment

Every foreclosure judgment must direct the relevant referee or petitioner to comply with the Eleventh Judicial District’s public-auction policies.

Until further notice, every Judgment of Foreclosure of Sale and In Rem Judgment shall contain a decretal paragraph directing the Referee in a mortgage foreclosure action or the Petitioner in an In Rem tax foreclosure proceeding to comply with the Eleventh Judicial District’s Policies concerning Public Auctions of foreclosed properties.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Applies to

Judgment of foreclosure and sale

Every Judgment of Foreclosure and Sale must include the quoted order concerning compliance with auction policies, remote bidding, wire transfers, and notice to the court.

Every Judgment of Foreclosure and Sale shall include the following language: “ORDERED, that the Referee shall comply with the Eleventh Judicial District’s Policies concerning Public Auctions of foreclosed properties, including the new policy authorizing remote bidding. If the Referee is unwilling or unable to comply with such provisions, including but not limited to the ability to accept wire transfers, the Referee shall notify the court immediately. These policies, along with the Queens County Foreclosure Auction Rules, can be found on the Queens Supreme Court - Civil Term website.”

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Applies to

Referee affirmation

The Court-Appointed Referee must submit the completed Referee Affirmation immediately after the foreclosure auction.

The Referee must submit a completed affidavit immediately following the auction (see Referee Affirmation under “Forms” at Home page on the court’s website).

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Applies to

Report of sale

Within 30 days after completing the sale and executing the conveyance, the Referee must file with the clerk a report under oath concerning the disposition of sale proceeds, accompanied by payment vouchers.

Within thirty days (30) after completing the sale and executing the proper conveyance to the purchaser, the Referee conducting the sale must file with the clerk his/her report under oath of the disposition of the proceeds of the sale, accompanied by the vouchers of the persons to whom payments were made (RPAPL §1355).

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Applies to

Report of sale delay explanation email

Must include

caption

The required 90-day explanatory email must include the caption, index number, auction date, and a detailed reason that the Report of Sale and any surplus monies were not deposited with the County Clerk's Office.

If the Report of Sale is not filed with the County Clerk’s Office within ninety (90) days of sale, the Referee must submit via email to qscforeclosureauctions@nycourts.gov : the caption, index number, date the auction was held, and a detailed reason why the Report of Sale and surplus monies, if any, have not been deposited with the County Clerk’s Office.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Applies to

Stipulation to mediate

Parties seeking mediation must complete both the Stipulation to Mediate and the Addendum.

To seek mediation for a matter pending in Queens Supreme Court, Civil Term, parties must complete BOTH the Stipulation to Mediate and the Addendum.

Checked against the court's document on Oct 5, 2026CRITICAL

Applies to

Foreclosure action surplus monies form

The required Foreclosure Action Surplus Monies Form must be completed and submitted immediately after the specified foreclosure auctions.

A Foreclosure Action Surplus Monies Form (see Surplus Monies Form under “Forms” at Home page on the court’s website) must be completed for ALL Foreclosure Auctions (regardless of the surplus status) by the Referee conducting the sale, plaintiff’s representative and the purchaser for all auctions resulting in a potential surplus at the auction and submitted immediately following the auction.

Checked against the court's document on Oct 5, 2026WARNING

Applies to

Proposed order

Must include

proposed order

Proposed orders must direct the Board of Elections to produce the specified documentation at the trial judge's direction rather than require production in court on the return date.

In preparing their proposed Orders to Show Cause, petitioners are directed to REFRAIN from using any proposed language directing the Board of Elections to produce, in court, all of the petition volumes, specifications of Objections, and prima facie findings on the return date. Rather, petitioners are directed to draft proposed language that the Board of Elections shall produce (such documentation) at the direction of the Trial Judge.

Checked against the court's document on Oct 5, 2026WARNING

Applies to

Complaint

A residential foreclosure complaint should state whether the property and mortgage fall within the described residential, one-to-four-family, owner-occupied, sub-prime, high-cost, or nontraditional categories.

All residential foreclosure actions that are filed should include the following language in the Complaint: whether this action involves a residential, one-to- four family, owner-occupied property upon which the mortgage is considered sub-prime, high-cost or nontraditional;

Checked against the court's document on Oct 5, 2026WARNING

Applies to

Complaint

A residential foreclosure complaint should state whether the plaintiff served the homeowner with the required ninety-day notice.

whether plaintiff has served the homeowner with a ninety (90) day notice pursuant to the current legislation in effect;

Checked against the court's document on Oct 5, 2026WARNING

Applies to

Complaint

A residential foreclosure complaint should state that the plaintiff holds the Note and Mortgage or has a current, valid assignment of them.

and that plaintiff is the holder of the Note and Mortgage, or that it has a current, valid assignment of the Note and Mortgage.

Checked against the court's document on Oct 5, 2026WARNING

Applies to

Statement of residential foreclosure program eligibility

A separate statement addressing the action's eligibility for the Residential Foreclosure Program must accompany a subsequent motion or application as an exhibit.

Any subsequent motions or applications will then be made to the assigned IAS Judge and should contain as exhibits a separate statement from the moving party, detailing whether the action does or does not fit the criteria for inclusion in the Residential Foreclosure Program as well as a copy of the Attorney Affirmation pursuant to Administrative Order 431/11 or Certificate of Merit pursuant to Administrative Order 208/13.

Checked against the court's document on Oct 5, 2026WARNING

Applies to

Residential foreclosure conference order

An application involving a foreclosure action in which a mandatory CPLR 3408 settlement conference occurred should include the Residential Foreclosure Conference Order as an exhibit.

Additionally, any application submitted to the Court involving a foreclosure action, where a mandatory settlement conference was held pursuant to §CPLR 3408 should contain a copy of the Residential Foreclosure Conference Order as an exhibit.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to

Foreclosure action surplus monies form

A Foreclosure Action Surplus Monies Form (see Surplus Monies Form under “Forms” at Home page on the court’s website) must be completed for ALL Foreclosure Auctions (regardless of the surplus status) by the Referee conducting the sale, plaintiff’s representative and the purchaser for all auctions resulting in a potential surplus at the auction and submitted immediately following the auction. Failure to do so may result in the preclusion of scheduling future auctions.

Summary: The Referee, plaintiff's representative, and purchaser must complete and immediately submit a Foreclosure Action Surplus Monies Form after every foreclosure auction, regardless of whether a surplus exists, and failure may preclude future auction scheduling.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to

Judgment of foreclosure and sale

Every Judgment of Foreclosure and Sale shall include the following language:

Summary: Every Judgment of Foreclosure and Sale must contain the quoted public-auction compliance language.