2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 13 - Action to Foreclose a Mortgage › 1303 - Foreclosures; Required Notices.

§  1303. Foreclosures; required notices. 1. The foreclosing party in a
mortgage foreclosure action, involving residential real  property  shall
provide notice to:
(a)   any  mortgagor  if  the  action  relates  to  an  owner-occupied
one-to-four family dwelling; and
(b) any tenant of a dwelling unit in accordance with the provisions of
this section.
2.  The  notice  to  any  mortgagor  required  by  paragraph  (a)   of
subdivision  one of this section shall be delivered with the summons and
complaint.  Such notice shall be in bold, fourteen-point type and  shall
be  printed on colored paper that is other than the color of the summons
and  complaint,  and  the  title  of  the  notice  shall  be  in   bold,
twenty-point type. The notice shall be on its own page.
3.   The  notice  to  any  mortgagor  required  by  paragraph  (a)  of
subdivision one of this section shall appear as follows:
Help for Homeowners in Foreclosure
New York State Law requires that we send you  this  notice  about  the
foreclosure process. Please read it carefully.
Summons and Complaint
You  are  in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure  action,  you  may  lose  your
home.  Please  read  the  summons  and  complaint  carefully. You should
immediately contact an attorney or your local legal aid office to obtain
advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become  informed  about  your  options  in
foreclosure. In addition to seeking assistance from an attorney or legal
aid  office,  there are government agencies and non-profit organizations
that you may contact for information about possible  options,  including
trying to work with your lender during this process.
To  locate  an  entity  near  you, you may call the toll-free helpline
maintained by the New York State Department  of  Financial  Services  at
(enter number) or visit the Department's website at (enter web address).
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right
to  stay  in  your  home  during  the  foreclosure  process. You are not
required to leave your home unless and until your property  is  sold  at
auction pursuant to a judgment of foreclosure and sale.
Regardless  of  whether  you  choose  to  remain  in  your home, YOU ARE
REQUIRED TO TAKE CARE  OF  YOUR  PROPERTY  and  pay  property  taxes  in
accordance with state and local law.
Foreclosure rescue scams
Be careful of people who approach you with offers to "save" your home.
There  are  individuals  who watch for notices of foreclosure actions in
order to unfairly profit from a  homeowner's  distress.  You  should  be
extremely  careful  about any such promises and any suggestions that you
pay them a fee or  sign  over  your  deed.  State  law  requires  anyone
offering  such  services for profit to enter into a contract which fully
describes the services they will perform and fees they will charge,  and
which  prohibits  them  from  taking  any money from you until they have
completed all such promised services.
3-a. No later than  sixty  days  after  the  effective  date  of  this
subdivision,  the  department  of  financial  services  shall  publish a
Consumer Bill Of Rights, in consultation with  all  stakeholders,  which
shall  detail  the  rights  and  responsibilities  of  the plaintiff and
defendant in a foreclosure proceeding. Such  Bill  of  Rights  shall  be
updated on an annual basis and as appropriate.
4.  The  notice to any tenant required by paragraph (b) of subdivision
one of this section shall be delivered within ten days of the service of
the summons and complaint. Such notice shall be in bold,  fourteen-point
type,  and  the  paragraph  of  the notice beginning with the words "ALL
RENT-STABILIZED" and ending with the words "FULL HEARING IN COURT" shall
be  printed  entirely in capital letters and underlined. The foreclosing
party shall provide its  name,  address  and  telephone  number  on  the
notice.  The notice shall be printed on colored paper that is other than
the color of the summons and complaint, and  the  title  of  the  notice
shall  be  in  bold,  twenty-point  type. The notice shall be on its own
page. For buildings with fewer than  five  dwelling  units,  the  notice
shall  be  delivered  to  the  tenant, by certified mail, return receipt
requested, and by first-class  mail  to  the  tenant's  address  at  the
property if the identity of the tenant is known to the plaintiff, and by
first-class  mail  delivered to "occupant" if the identity of the tenant
is not known to the plaintiff. For buildings with five or more  dwelling
units,  a  legible  copy of the notice shall be posted on the outside of
each entrance and exit of the building.
5. The notice required by paragraph (b) of  subdivision  one  of  this
section shall appear as follows:
Notice to Tenants of Buildings in Foreclosure
New  York State Law requires that we provide you this notice about the
foreclosure process. Please read it carefully.
We, (name of foreclosing party), are the  foreclosing  party  and  are
located   at  (foreclosing  party's  address).  We  can  be  reached  at
(foreclosing party's telephone number).
The dwelling where your apartment is  located  is  the  subject  of  a
foreclosure  proceeding.  If  you have a lease, are not the owner of the
residence, and the lease requires payment of rent that at  the  time  it
was  entered  into  was not substantially less than the fair market rent
for the property, you may be entitled to remain  in  occupancy  for  the
remainder  of  your  lease term. If you do not have a lease, you will be
entitled to remain in your home until ninety days after  any  person  or
entity  who acquires title to the property provides you with a notice as
required by section 1305 of the Real Property  Actions  and  Proceedings
Law. The notice shall provide information regarding the name and address
of  the  new  owner and your rights to remain in your home. These rights
are in addition to any others you may  have  if  you  are  a  subsidized
tenant  under federal, state or local law or if you are a tenant subject
to rent control, rent stabilization or a federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE  PROTECTED
UNDER  THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS.
THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING  FORECLOSURE  STATUS.
THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO
BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE
SUBJECT  OF  FORECLOSURE.  EVICTIONS  CAN  ONLY  OCCUR IN NEW YORK STATE
PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT.
If you need further  information,  please  call  the  New  York  State
Department  of  Financial Services' toll-free helpline at (enter number)
or visit the Department's website at (enter web address).
6. The department of financial services shall prescribe the  telephone
number and web address to be included in either notice.
7.  The  department of financial services shall post on its website or
otherwise make readily available the name  and  contact  information  of
government agencies or non-profit organizations that may be contacted by
mortgagors  for  information  about  the  foreclosure process, including
maintaining a toll-free helpline to disseminate the information required
by this section.