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