Legal Terminology: Need Help!

[BK'd-Betty]

Don't know if anyone here can help me, I'm looking for a definition of a legal term:

Order of Reference - Foreclosure Action

Anyone know exactly what that means? Is an Order of Reference what is signed by a Judge after a Lender requests judicial intervention in a foreclosure proceeding?

Is this what is granted by the courts to allow the lender to foreclose? Does the Lender have to go back to court to get a referree assigned?

So many questions - I'm not so good with legalese - and as some of you know, I'm involved with a very complicated foreclosure at the moment.

Thank you, in advance!

[BK'd-Betty]

PS: I searched Google, didn't come up with much - I even called the Courthouse and the Clerk's office and was told by both they couldn't give me legal advice - which I was not seeking legal advice, I just want to know what that motion means without having to pay an attorney an armload of money

[HHM]

That is a new one to me, I don't even have a theory as to what an order of "reference" would be.

[BK'd-Betty]

Me either! LOL

What I find interesting is that the Clerk's office freely admitted they didn't know what it was - they passed me to "chambers" (whatever that means) and the (rude) man that I spoke with didn't seem to understand it, but didn't want to freely admit it - he said it meant "the foreclosure action has been dealt with" - whatever that means.

When the Lender requests judicial intervention - there is an order signed by the Judge allowing them to foreclose - any idea what that order is called?

That is a new one to me, I don't even have a theory as to what an order of "reference" would be.

[HHM]

I would assume that the actual document allowing the foreclosure would probably be called "Judgement for Foreclosure", or "Order for Foreclosure". It is interesting that they passed you off to "chambers", that means they transferred you to the judge's chambers (office) and you probably spoke with a Legal Secretary or a Law Clerk for the Judge. Are you able to download a copy of the Order to see what it says.

[bige1030]

From what I could find, an "Order of Reference" simply refers the case to a particular judge. It would stipulate who is presiding over the case and the terms of the proceeding, if they are different from normal court rules.

[lrprn]

Don't know if anyone here can help me, I'm looking for a definition of a legal term: Order of Reference - Foreclosure Action

Here's the results I found with an advanced Google search, Betty - http://www.google.com/search?sourcei...22+foreclosure

From what I can tell (I'm not great with legalese either ), an order of reference is filed as a part of the court's foreclosure process to refer your case to a hearing officer.

According to a private practice bk lawyer in South Carolina http://www.scottlaw.com/services.htm :
"(In foreclosure actions) It is the common professional practice when the South Carolina Rules of Civil Procedures to grant an extension of an additional thirty (30) days to respond when the debtor has retained an attorney. Otherwise, that attorney may well file a motion for additional time to respond which would add several months of delay. The Court will then issue an Order of Reference referring the case to the hearing officer, either a Master in Equity or Special Referee.

[BK'd-Betty]

I want to thank you all so much for your responses. Based on each individual response and the information and/or thoughts provided, I was able to piece this whole thing together!

Special thanks to LRPRN for the advance search, which gave me some more ideas on how to search online and what to look for.

I've spent the last 24 hours reading the NEW YORK STATE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW (RPAPL) and finally found my answer.

Much as LRPRN quoted - the Order of Reference is simply the court order that directs (assigns) a referee to determine how much is owed to the Lender (and a bunch of other stuff too). Once that is done, the Lender will motion to the court for a Judgement of Foreclosure, once granted the referee sets the sale date.

Whew - getting that information was like pulling teeth! LOL

Thanks again to everyone who responded - each response led to some information-that led me to more information - which finally got me in the right place!

ETA: LRPRN - I did not call my BK attorney for three reasons:

1.) He dumped me the day of my discharge and has refused to take my calls since.
2.) He is not representing me in the foreclosure of my house.
3.) I am not defending this law suit - as I surrended my home in BK - this foreclosure is procedural so then lender can obtain title. (I just want to stay informed because there are so many complications with this foreclosure, which I thought would be resolved with an insurance claim - however, as with any legal proceeding, many complicating factors have arisen and it's a mess)

[lrprn]

So glad you were able to figure out what Order of Reference meant in your case, Betty! Excellent that you are staying on top of things yourself in your foreclosure (good for you!) and sorry to hear your bk lawyer has been so spectacularly unhelpful