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New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 1320: Special summons requirement in private residence cases

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Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 13. Action to Foreclose a Mortgage

§ 1320. Special summons requirement in private residence cases. In an

action to foreclose a mortgage on a residential property containing not

more than three units, in addition to the usual requirements applicable

to a summons in the court, the summons shall contain a notice in

boldface in the following form:

NOTICE

YOU ARE IN DANGER OF LOSING YOUR HOME

If you do not respond to this summons and complaint by serving a copy

of the answer on the attorney for the mortgage company who filed this

foreclosure proceeding against you and filing the answer with the court,

a default judgment may be entered and you can lose your home.

Speak to an attorney or go to the court where your case is pending for

further information on how to answer the summons and protect your

property.

Sending a payment to your mortgage company will not stop this

foreclosure action.

YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR

THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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