§ 1306 — Filing with superintendent

§ 1306. Filing with superintendent. 1. Each lender, assignee or\nmortgage loan servicer shall file with the superintendent of financial\nservices (superintendent) within three business days of the mailing of\nthe notice required by subdivision one of section thirteen hundred four\nof this article or subsection (f) of section 9-611 of the uniform\ncommercial code the information required by subdivision two of this\nsection. Notwithstanding any other provision of the laws of this state,\nthis filing shall be made electronically as provided for in subdivision\nthree of this section. Any complaint served in a proceeding initiated\npursuant to this article shall contain, as a condition precedent to such\nproceeding, an affirmative allegation that at the time the proceeding is\ncommenced, the plaintiff has complied with the provisions of this\nsection.\n 2. Each filing delivered to the superintendent shall be on such form\nas the superintendent shall prescribe, and shall include at a minimum,\nthe name, address, last known telephone number of the borrower, and the\namount claimed as due and owing on the mortgage, and such other\ninformation as will enable the superintendent to ascertain the type of\nloan at issue. The superintendent may subsequently request such readily\navailable information as may be reasonably necessary to facilitate a\nreview of whether the borrower might benefit from counseling or other\nforeclosure prevention services.\n 3. Within one hundred eighty days of the effective date of this\nsection, or such later time as the superintendent may determine, the\nsuperintendent shall develop with the assistance of the commissioner of\nthe division of housing and community renewal, an electronic database\nthat shall be capable of receiving all filings required by this section.\n 4. The information provided to the superintendent pursuant to this\nsection shall not be subject to article six of the public officers law\nor paragraphs (a), (c) and (d) of subdivision one or subdivision six of\nsection ninety-four of the public officers law. All such information\nshall be used by the superintendent exclusively for the purposes of\nmonitoring on a statewide basis the extent of foreclosure filings within\nthis state, to perform an analysis of loan types which were the subject\nof a pre-foreclosure notice and directing as appropriate available\npublic and private foreclosure prevention and counseling services to\nborrowers at risk of foreclosure. The superintendent may share\ninformation contained in the database with housing counseling agencies\ndesignated by the division of housing and community renewal as well as\nwith other state agencies with jurisdiction over housing, for the\npurpose of coordinating or securing help for borrowers at risk of\nforeclosure.\n 5. The superintendent is hereby authorized to promulgate such rules\nand regulations as shall be necessary to implement the purposes of this\nsection.\n