New York Real Property Actions & Proceedings Law Article 13 - ACTION TO FORECLOSE A MORTGAGE

• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 1308 - Inspecting, Securing and Maintaining Vacant and Abandoned Residential Real Property.
  Notwithstanding any other provision of law to the contrary, the following subdivisions of this section shall only apply to vacant and abandoned one to four...
• 1309 - Expedited Application for Judgment of Foreclosure and Sale for Vacant and Abandoned Property.
  1. The plaintiff in any foreclosure proceeding may make an application by notice of motion or order to show cause for a judgment of foreclosure...
• 1310 - Vacant and Abandoned Property; Statewide Vacant and Abandoned Property Electronic Registry.
  1. The department of financial services shall maintain a statewide vacant and abandoned property registry in the form of an electronic database. The department of...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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...
• 1325 - Receiver.
  1. Where the action is for the foreclosure of a mortgage providing that a receiver may be appointed without notice, notice of a motion for...
• 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...
• 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...
• 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...
• 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...
• 1353 - Conveyance.
  1. After the property has been sold, the officer conducting the sale shall execute a deed to the purchaser. The plaintiff, or any other party,...
• 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,...
• 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...
• 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...
• 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...
• 1371 - Deficiency Judgment.
  1. If a person who is liable to the plaintiff for the payment of the debt secured by the mortgage is made a defendant in...
• 1391 - Proceeding for Share of Unknown Heirs.
  Sections 991 and 992 shall apply to an action to foreclose a mortgage on real property.

Last modified: February 3, 2019