N.Y. Real Property Law § 282: Mortgagor's right to recover attorneys' fees in actions or proceedings arising out of foreclosures of residential property

§ 282. Mortgagor's right to recover attorneys' fees in actions or

proceedings arising out of foreclosures of residential property. 1.

Whenever a covenant contained in a mortgage on residential real property

shall provide that in any action or proceeding to foreclose the mortgage

that the mortgagee may recover attorneys' fees and/or expenses incurred

as the result of the failure of the mortgagor to perform any covenant or

agreement contained in such mortgage, or that amounts paid by the

mortgagee therefor shall be paid by the mortgagor as additional payment,

there shall be implied in such mortgage a covenant by the mortgagee to

pay to the mortgagor the reasonable attorneys' fees and/or expenses

incurred by the mortgagor as the result of the failure of the mortgagee

to perform any covenant or agreement on its part to be performed under

the mortgage or in the successful defense of any action or proceeding

commenced by the mortgagee against the mortgagor arising out of the

contract, and an agreement that such fees and expenses may be recovered

as provided by law in an action commenced against the mortgagee or by

way of counterclaim in any action or proceeding commenced by the

mortgagee against the mortgagor. Any waiver of this section shall be

void as against public policy.

2. For the purposes of this section, "residential real property" means

real property improved by a one- to four-family residence, a condominium

that is occupied by the mortgagor or a cooperative unit that is occupied

by the mortgagor.