CHAPTER TEXT:
LAWS OF NEW YORK, 2007
CHAPTER 458
AN ACT to amend the real property actions and proceedings law and the
civil practice law and rules, in relation to providing additional
notice to mortgagors that a foreclosure action has been commenced
Became a law August 1, 2007, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. The real property actions and proceedings law is amended by
adding a new section 1320 to read as follows:
§ 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 a summons in the court, the summons shall contain a notice in bold-
face in the following form:
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy
of the answer on the attorney for the mortgage company who filed this
foreclosure proceeding against you and filing the answer with the court,
a default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for
further information on how to answer the summons and protect your prop-
erty.
Sending a payment to your mortgage company will not stop this foreclo-
sure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR
THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.
§ 2. Subparagraph (iii) of paragraph 3 of subdivision (g) of section
3215 of the civil practice law and rules, as added by chapter 77 of the
laws of 1986, is amended to read as follows:
(iii) This requirement shall not apply to cases in the small claims
part of any court, or to any summary proceeding to recover possession of
real property, or to actions affecting title to real property, except
residential mortgage foreclosure actions.
§ 3. This act shall take effect immediately.
