Section 3408. Mandatory settlement conference in residential foreclosure actions

(a) In any residential foreclosure action involving a high-cost
  home loan consummated between January  first,  two  thousand  three  and
  September  first,  two  thousand  eight, or a subprime or nontraditional
  home loan, as those terms are defined  under  section  thirteen  hundred
  four  of  the  real  property  actions and proceedings law, in which the
  defendant is a resident of the  property  subject  to  foreclosure,  the
  court shall hold a mandatory conference within sixty days after the date
  when  proof  of  service  is  filed  with  the  county clerk, or on such
  adjourned date as has been agreed to by the parties, for the purpose  of
  holding  settlement  discussions  pertaining  to the relative rights and
  obligations of the parties under the mortgage loan documents, including,
  but not limited to determining whether the parties can reach a  mutually
  agreeable resolution to help the defendant avoid losing his or her home,
  and evaluating the potential for a resolution in which payment schedules
  or  amounts  may  be modified or other workout options may be agreed to,
  and for whatever other purposes the court deems appropriate.
    (b) At the initial conference  held  pursuant  to  this  section,  any
  defendant  currently  appearing  pro  se, shall be deemed to have made a
  motion to proceed as a poor person under section eleven hundred  one  of
  this chapter. The court shall determine whether such permission shall be
  granted pursuant to standards set forth in section eleven hundred one of
  this  chapter.  If  the  court  appoints  defendant  counsel pursuant to
  subdivision (a) of section eleven hundred two of this chapter, it  shall
  adjourn  the  conference to a date certain for appearance of counsel and
  settlement discussions pursuant to subdivision (a) of this section,  and
  otherwise shall proceed with the conference.
    (c)  At  any  conference  held pursuant to this section, the plaintiff
  shall appear in person or by counsel, and if appearing by counsel,  such
  counsel  shall be fully authorized to dispose of the case. The defendant
  shall appear in person or by counsel. If the defendant is appearing  pro
  se, the court shall advise the defendant of the nature of the action and
  his   or   her   rights  and  responsibilities  as  a  defendant.  Where
  appropriate, the court may permit a representative of the  plaintiff  to
  attend the settlement conference telephonically or by video-conference.