Committee on Professional Ethics – Prior Clients: Ethics Opinion 924

NYSBA Committee on Professional Ethics

Prior Clients

Foreclosure Referee

Ethics Opinion 924

Background: The inquiring attorney was offered appointment as a referee in a mortgage foreclosure proceeding. A credit union client of the inquirer held a judgment on the property being foreclosed. The inquirer did not represent the credit union with respect to that judgment, but has represented the credit union in connection with mortgage loans made by the credit union. The credit union is not the holder of the mortgage being foreclosed.

Opinion: The committee found that an attorney may accept appointment as a referee in a mortgage foreclosure proceeding where a client of the attorney holds a judgment on the mortgaged property. However, the attorney must comply with his obligations to disclose, recuse and the use of information relating to the client.