RPAPL 1320 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1315 Action by owner of junior participating interest up ARTICLE 13 Action to Foreclose a Mortgage next SECTION 1321 Default or admission Viewing most recent revision (from 2024-04-05) View historical revision as of: -- Choose a Date -- 2024-04-05 2014-09-22 Share Facebook Email SECTION 1320 Special summons requirement in private residence cases Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13 § 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 boldface 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 property. Sending a payment to your mortgage company will not stop this foreclosure 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.