§ 1320. Special summons requirement in private residence cases. In an\naction to foreclose a mortgage on a residential property containing not\nmore than three units, in addition to the usual requirements applicable\nto a summons in the court, the summons shall contain a notice in\nboldface in the following form:\n NOTICE\n YOU ARE IN DANGER OF LOSING YOUR HOME\n If you do not respond to this summons and complaint by serving a copy\nof the answer on the attorney for the mortgage company who filed this\nforeclosure proceeding against you and filing the answer with the court,\na default judgment may be entered and you can lose your home.\n Speak to an attorney or go to the court where your case is pending for\nfurther information on how to answer the summons and protect your\nproperty.\n Sending a payment to your mortgage company will not stop this\nforeclosure action.\n YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR\nTHE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.\n
N.Y. Real Property Actions & Proceedings Law § 1320
Special summons requirement in private residence cases
2024-04-05
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.