2023 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.