NY Real Prop Actions L § 1306 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 13 - Action to Foreclose a Mortgage 1306 - Filing With Superintendent.

§  1306.  Filing  with  superintendent.  1.  Each  lender, assignee or   mortgage loan servicer shall file with the superintendent  of  financial   services  (superintendent)  within three business days of the mailing of   the notice required by subdivision one of section thirteen hundred  four   of  this  article  or  subsection  (f)  of  section 9-611 of the uniform   commercial code the information required  by  subdivision  two  of  this   section.  Notwithstanding any other provision of the laws of this state,   this  filing shall be made electronically as provided for in subdivision   three of this section. Any complaint served in  a  proceeding  initiated   pursuant to this article shall contain, as a condition precedent to such   proceeding, an affirmative allegation that at the time the proceeding is   commenced,  the  plaintiff  has  complied  with  the  provisions of this   section.2. Each filing delivered to the superintendent shall be on  such  form   as  the  superintendent shall prescribe, and shall include at a minimum,   the name, address, last known telephone number of the borrower, and  the   amount  claimed  as  due  and  owing  on  the  mortgage,  and such other   information as will enable the superintendent to ascertain the  type  of   loan  at issue. The superintendent may subsequently request such readily   available information as may be reasonably  necessary  to  facilitate  a   review  of  whether  the borrower might benefit from counseling or other   foreclosure prevention services.3. Within one hundred eighty  days  of  the  effective  date  of  this   section,  or  such  later  time as the superintendent may determine, the   superintendent shall develop with the assistance of the commissioner  of   the  division  of  housing and community renewal, an electronic database   that shall be capable of receiving all filings required by this section.4. The information provided to the  superintendent  pursuant  to  this   section  shall  not be subject to article six of the public officers law   or paragraphs (a), (c) and (d) of subdivision one or subdivision six  of   section  ninety-four  of  the  public officers law. All such information   shall be used by the superintendent  exclusively  for  the  purposes  of   monitoring on a statewide basis the extent of foreclosure filings within   this  state, to perform an analysis of loan types which were the subject   of a pre-foreclosure  notice  and  directing  as  appropriate  available   public  and  private  foreclosure  prevention and counseling services to   borrowers  at  risk  of  foreclosure.  The  superintendent   may   share   information  contained  in the database with housing counseling agencies   designated by the division of housing and community renewal as  well  as   with  other  state  agencies  with  jurisdiction  over  housing, for the   purpose of coordinating or  securing  help  for  borrowers  at  risk  of   foreclosure.5.  The  superintendent  is hereby authorized to promulgate such rules   and regulations as shall be necessary to implement the purposes of  this   section.