New York · Through 2026-09-11

N.Y. Military Law § 312: Mortgages

§ 312. Mortgages.  1. The provisions of this section shall apply only
to obligation and secured by mortgage, trust deed, or other security in
the nature of a mortgage upon real or personal property owned by a
person in military service at the commencement of the period of his
military service and still so owned by him which obligations originated
prior to such person's period of military service.
  2. In any proceeding commenced in any court during the period of
military service to enforce such obligation arising out of nonpayment of
any sum thereunder due or out of any other breach of the terms thereof
occurring prior to or during the period of such service the court may,
after hearing, in its discretion, on its own motion, and shall, except
as hereinafter provided in this act, on application to it by such person
in military service or some person on his behalf, unless in the opinion
of the court the ability of the defendant to comply with the terms of
the obligation is not materially affected by reason of his military
service
  (a) stay the proceedings as provided in this act; or
  (b) make such other disposition of the case as may be equitable to
conserve the interests of all parties.
  3. No sale, foreclosure, or seizure of property for nonpayment of any
sum due under any such obligation, or for any other breach of the terms
thereof, whether under a power of sale, under a judgment entered upon
warrant of attorney to confess judgment contained therein, or otherwise,
shall be valid if made during the period of military service, or within
six months thereafter, unless upon an order of sale previously granted
by the court and a return thereto made and approved by the court.
  4. Any person who shall knowingly cause to be made any sale,
foreclosure or seizure of property defined as invalid by subdivision
three hereof, or attempts so to do, shall be guilty of a misdemeanor and
shall be punished by imprisonment not to exceed one year, or by fine not
to exceed one thousand dollars, or both.

Where this section sits in the code

Military Law
Article 13. New York State Soldiers' and Sailors' Civil Relief Act

§ 312. Mortgages. 1. The provisions of this section shall apply only

to obligation and secured by mortgage, trust deed, or other security in

the nature of a mortgage upon real or personal property owned by a

person in military service at the commencement of the period of his

military service and still so owned by him which obligations originated

prior to such person's period of military service.

2. In any proceeding commenced in any court during the period of

military service to enforce such obligation arising out of nonpayment of

any sum thereunder due or out of any other breach of the terms thereof

occurring prior to or during the period of such service the court may,

after hearing, in its discretion, on its own motion, and shall, except

as hereinafter provided in this act, on application to it by such person

in military service or some person on his behalf, unless in the opinion

of the court the ability of the defendant to comply with the terms of

the obligation is not materially affected by reason of his military

service

(a) stay the proceedings as provided in this act; or

(b) make such other disposition of the case as may be equitable to

conserve the interests of all parties.

3. No sale, foreclosure, or seizure of property for nonpayment of any

sum due under any such obligation, or for any other breach of the terms

thereof, whether under a power of sale, under a judgment entered upon

warrant of attorney to confess judgment contained therein, or otherwise,

shall be valid if made during the period of military service, or within

six months thereafter, unless upon an order of sale previously granted

by the court and a return thereto made and approved by the court.

4. Any person who shall knowingly cause to be made any sale,

foreclosure or seizure of property defined as invalid by subdivision

three hereof, or attempts so to do, shall be guilty of a misdemeanor and

shall be punished by imprisonment not to exceed one year, or by fine not

to exceed one thousand dollars, or both.

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