What Is a Part 36 Fiduciary and Why Does It Matter for Your Home?
If you are looking for someone to help with a foreclosure situation, the credentials of the person you work with matter. One designation you may not have heard of, but should know about, is the New York State Part 36 court-appointed fiduciary.
What Is Part 36?
Part 36 refers to Part 36 of the Rules of the Chief Judge of New York State, which governs the appointment of fiduciaries in the New York State court system. A fiduciary is someone who is legally obligated to act in the best interest of another person.
Court-appointed fiduciaries under Part 36 are used in cases where a court needs to appoint a neutral, qualified professional to manage or oversee assets or property on behalf of a party to a legal proceeding. This includes roles like:
Real estate broker (selling property under court supervision)
Property manager (managing distressed or disputed property)
Referee (overseeing a court-ordered real estate transaction)
How Does Someone Become a Part 36 Fiduciary?
A professional seeking a Part 36 appointment must register with the Office of Court Administration, meet specific qualification and experience requirements, and be approved by the courts. The courts then maintain a list of approved fiduciaries that judges draw from when making appointments.
This is not a designation you can buy or self-certify. A court reviewed the qualifications and approved the appointment. That matters.
Why Does This Matter When You Need Help?
When you are facing foreclosure, you are dealing with one of the most stressful and consequential situations a homeowner can face. Working with someone who has been vetted and approved by New York State courts means you are working with someone whose qualifications have been reviewed by a body with real accountability.
Juan Almonte holds a Part 36 fiduciary appointment (FID #107078), eligible through 2028, covering all five New York City boroughs in the Real Estate Broker and Property Manager categories.
Disclaimer: This article is for general educational purposes only and does not constitute legal advice. Foreclosure Professionals / ProForeclosure.com is a real estate services company, not a law firm. For legal representation, foreclosure defense, or bankruptcy guidance, consult a licensed New York attorney. Outcomes for any foreclosure or loan modification depend on your lender, investor guidelines, and court decisions. Results cannot be guaranteed. New York homeowners may also contact a HUD-approved housing counselor or call the NY Department of Financial Services at (800) 342-3736 for free assistance. We charge no upfront fees consistent with the FTC MARS Rule and NY GBL Section 265-b.
