New York § 1302 Foreclosure of certain residential mortgages

New York Statutes

§ 1302 — Foreclosure of certain residential mortgages

New York § 1302

Law RPAReal Property Actions & Proceedings

Art. 13Action to Foreclose a Mortgage

This text of New York § 1302 (Foreclosure of certain residential mortgages) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Real Property Actions & Proceedings § 1302 (2026).

Text

§ 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 thirte

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§ 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