N.Y. Real Property Actions & Proceedings Law § 1302
Foreclosure of certain residential mortgages
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2023
As of January 1, 2015
§ 1302. Foreclosure of high-cost home loans and subprime home loans.\n1. Any complaint served in a proceeding initiated pursuant to this\narticle relating to a high-cost home loan or a subprime home loan, as\nsuch terms are defined in section six-l and six-m of the banking law,\nrespectively, must contain an affirmative allegation that at the time\nthe proceeding is commenced, the plaintiff:\n (a) is the owner and holder of the subject mortgage and note, or has\nbeen delegated the authority to institute a mortgage foreclosure action\nby the owner and holder of the subject mortgage and note; and\n (b) has complied with all of the provisions of section five hundred\nninety-five-a of the banking law and any rules and regulations\npromulgated thereunder, section six-l or six-m of the banking law, and\nsection thirteen hundred four of this article.\n 2. It shall be a defense to an action to foreclose a mortgage for a\nhigh-cost home loan or subprime home loan that the terms of the home\nloan or the actions of the lender violate any provision of section six-l\nor six-m of the banking law or section thirteen hundred four of this\narticle.\n
§ 1302. Foreclosure of certain residential mortgages. 1. Any complaint\nserved in a proceeding initiated on a residential mortgage covering a\none to four family dwelling pursuant to this article must contain an\naffirmative allegation that at the time the proceeding is commenced, the\nplaintiff:\n (a) is the owner and holder of the subject mortgage and note, or has\nbeen delegated the authority to institute a mortgage foreclosure action\nby the owner and holder of the subject mortgage and note; and\n (b) has complied with all of the provisions of section five hundred\nninety-five-a of the banking law and any rules and regulations\npromulgated thereunder, and section six-l or six-m of the banking law,\nfor loans governed by section six-l or six-m of the banking law, and\nsection thirteen hundred four of this article for all residential\nmortgage loans covering a one to four family dwelling.\n 2. It shall be a defense to an action to foreclose a mortgage that the\nterms of the home loan or the actions of the lender violate any\nprovision of section six-l or six-m of the banking law or section\nthirteen hundred four of this article, for loans governed by these\nprovisions.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.