§ 282 — Mortgagor's right to recover attorneys' fees in actions or proceedings arising out of foreclosures of residential property

New York § 282

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 8: Conveyances and Mortgages

Text

§ 282. Mortgagor's right to recover attorneys' fees in actions or\nproceedings arising out of foreclosures of residential property. 1.\nWhenever a covenant contained in a mortgage on residential real property\nshall provide that in any action or proceeding to foreclose the mortgage\nthat the mortgagee may recover attorneys' fees and/or expenses incurred\nas the result of the failure of the mortgagor to perform any covenant or\nagreement contained in such mortgage, or that amounts paid by the\nmortgagee therefor shall be paid by the mortgagor as additional payment,\nthere shall be implied in such mortgage a covenant by the mortgagee to\npay to the mortgagor the reasonable attorneys' fees and/or expenses\nincurred by the mortgagor as the result of the failure of the mortgagee\nto perform any covenant or agreement on its part to be performed under\nthe mortgage or in the successful defense of any action or proceeding\ncommenced by the mortgagee against the mortgagor arising out of the\ncontract, and an agreement that such fees and expenses may be recovered\nas provided by law in an action commenced against the mortgagee or by\nway of counterclaim in any action or proceeding commenced by the\nmortgagee against the mortgagor. Any waiver of this section shall be\nvoid as against public policy.\n 2. For the purposes of this section, "residential real property" means\nreal property improved by a one- to four-family residence, a condominium\nthat is occupied by the mortgagor or a cooperative unit that is occupied\nby the mortgagor.\n