§ 1302 — Foreclosure of certain residential mortgages

§ 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