New York courts and civil libertarians have agreed to provide prospective relief to homeowner defendants as part of a new lookback on foreclosure hearings in which the courts acknowledge skipping a key initial process that mandates an assessment of homeowners' eligibility for appointed counsel.

The New York court system recently resolved the lawsuit by agreeing to comply with the state law, which mandates that parties in residential foreclosure cases participate in an initial settlement conference to discuss a resolution toward homeowner retention.

There was no litigation and it was collaboratively dealt with by the New York Civil Liberties Union and the court system to reexamine prior foreclosure hearings involving a need for appointed counsel assessments that are required when the homeowner appears at the conference without an attorney.