N.Y. Real Property Actions & Proceedings Law § 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.