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New York Real Property Actions & Proceedings - Article 13 - (1301 - 1391) Action to Foreclose a Mortgage
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New York Laws > New York Real Property Actions & Proceedings (RPA) > New York Real Property Actions & Proceedings - Article 13 - (1301 - 1391) Action to Foreclose a Mortgage
- New York Real Property Actions & Proceedings - Article 13 - Action to Foreclose a Mortgage
Section 1301. Separate action for mortgage debt. 1302. Foreclosure of high-cost home loans and subprime home loans. 1303. Foreclosures; required notices. 1304. Required prior notices....
- New York Real Property Actions & Proceedings - § 1301 - Separate Action for Mortgage Debt
1. Where final judgment for the plaintiff has been rendered in an action to recover any part of the mortgage debt, an action shall not...
- New York Real Property Actions & Proceedings - § 1302 - Foreclosure of High-cost Home Loans and Subprime Home Loans
1. Any complaint served in a proceeding initiated pursuant to this article relating to a high-cost home loan or a subprime home loan, as such...
- New York Real Property Actions & Proceedings - § 1303 - Foreclosures; Required Notices
1. The foreclosing party in a mortgage foreclosure action, involving residential real property shall provide notice to: (a) any mortgagor if the action relates to...
- New York Real Property Actions & Proceedings - § 1304 - Required Prior Notices
* 1. Notwithstanding any other provision of law, with regard to a home loan, at least ninety days before a lender, an assignee or a...
- New York Real Property Actions & Proceedings - § 1305 - Notice to Tenants
1. Definitions. For the purposes of this section, the following definitions shall apply: (a) "Residential real property" shall mean real property located in this state...
- New York Real Property Actions & Proceedings - § 1306 - Filing With Superintendent
1. Each lender, assignee or mortgage loan servicer shall file with the superintendent of financial services (superintendent) within three business days of the mailing of...
- New York Real Property Actions & Proceedings - § 1307 - Duty to Maintain Foreclosed Property
1. A plaintiff in a mortgage foreclosure action who obtains a judgment of foreclosure and sale pursuant to section thirteen hundred fifty-one of this article,...
- New York Real Property Actions & Proceedings - § 1311 - Necessary Defendants
Each of the following persons, whose interest is claimed to be subject and subordinate to the plaintiff's lien, shall be made a party defendant to...
- New York Real Property Actions & Proceedings - § 1312 - Representative Defendants
1. Where a trust has been created by will or by deed or by declaration of trust, the trustees of such trust who shall have...
- New York Real Property Actions & Proceedings - § 1313 - Permissible Defendants
Any person who is liable to the plaintiff for payment of the debt secured by the mortgage may be made a defendant in the action....
- New York Real Property Actions & Proceedings - § 1315 - Action by Owner of Junior Participating Interest
An action may be maintained by the owner of a junior participating share or interest in a bond or note secured by a mortgage on...
- New York Real Property Actions & Proceedings - § 1320 - Special Summons Requirement in Private Residence Cases
In an action to foreclose a mortgage on a residential property containing not more than three units, in addition to the usual requirements applicable to...
- New York Real Property Actions & Proceedings - § 1321 - Default or Admission
1. If the defendant fails to answer within the time allowed or the right of the plaintiff is admitted by the answer, upon motion of...
- New York Real Property Actions & Proceedings - § 1325 - Receiver
: (a) register with any municipal department as provided by applicable law; and (b) expend rents and income and profits as described in subdivision two...
- New York Real Property Actions & Proceedings - § 1331 - Notice of Pendency
The plaintiff, at least twenty days before a final judgment directing a sale is rendered, shall file in the clerk's office of each county where...
- New York Real Property Actions & Proceedings - § 1341 - Payment Into Court of Amount Due
Where an action is brought to foreclose a mortgage upon real property upon which any part of the principal or interest is due, and another...
- New York Real Property Actions & Proceedings - § 1351 - Judgment of Sale
1. The judgment shall direct that the mortgaged premises, or so much thereof as may be sufficient to discharge the mortgage debt, the expenses of...
- New York Real Property Actions & Proceedings - § 1352 - Judgment Foreclosing Right of Redemption
Where real property has been sold pursuant to a judgment in an action to foreclose a mortgage, and an action is thereafter brought to foreclose...
- New York Real Property Actions & Proceedings - § 1353 - Conveyance
is as valid as if it were executed by the mortgagor and mortgagee, and, except as provided in section 1315 and subdivision 2 of section...
- New York Real Property Actions & Proceedings - § 1354 - Distribution of Proceeds of Sale
1. The officer conducting the sale shall pay, out of the proceeds, unless otherwise directed, the expenses of the sale, and pay to the plaintiff,...
- New York Real Property Actions & Proceedings - § 1355 - Report of Sale; Confirmation
1. Within thirty days after completing the sale and executing the proper conveyance to the purchaser, unless such time be extended by the court within...
- New York Real Property Actions & Proceedings - § 1361 - Application for Surplus; Reference
1. Any person claiming the surplus moneys arising upon the sale of mortgaged premises, or any part thereof, either in his own name, or by...
- New York Real Property Actions & Proceedings - § 1362 - Payment of Surplus Out of Court
1. Upon confirmation of the report of sale, or upon such proceedings as are provided in section 1361, the court shall order the payment of...
- New York Real Property Actions & Proceedings - § 1371 - Deficiency Judgment
shall have been made or, if made, shall have been denied, the court shall direct that all moneys remaining in the hands of a receiver...
- New York Real Property Actions & Proceedings - § 1391 - Proceeding for Share of Unknown Heirs
Sections 991 and 992 shall apply to an action to foreclose a mortgage on real property.
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