RPAPL 1302 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1301 Separate action for mortgage debt up ARTICLE 13 Action to Foreclose a Mortgage next SECTION 1302-A Defense of lack of standing; not waived Viewing most recent revision (from 2022-03-25) View historical revision as of: -- Choose a Date -- 2022-03-25 2022-01-07 2021-08-06 2014-09-22 Share Facebook Email SECTION 1302 Foreclosure of certain residential mortgages Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13 § 1302. Foreclosure of certain residential mortgages. 1. Any complaint served in a proceeding initiated on a residential mortgage covering a one to four family dwelling pursuant to this article must contain an affirmative allegation that at the time the proceeding is commenced, the plaintiff: (a) is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and (b) has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promulgated thereunder, and section six-l or six-m of the banking law, for loans governed by section six-l or six-m of the banking law, and section thirteen hundred four of this article for all residential mortgage loans covering a one to four family dwelling. 2. It shall be a defense to an action to foreclose a mortgage that the terms of the home loan or the actions of the lender violate any provision of section six-l or six-m of the banking law or section thirteen hundred four of this article, for loans governed by these provisions.