{"data":{"id":"us-ny/n.y.-real-property-actions-proceedings-law-1302","jurisdiction":"us-ny","citation":"N.Y. Real Property Actions \u0026 Proceedings Law § 1302","heading":"Foreclosure of certain residential mortgages","body":"§ 1302. Foreclosure of certain residential mortgages. 1. Any complaint\nserved in a proceeding initiated on a residential mortgage covering a\none to four family dwelling pursuant to this article must contain an\naffirmative allegation that at the time the proceeding is commenced, the\nplaintiff:\n  (a) is the owner and holder of the subject mortgage and note, or has\nbeen delegated the authority to institute a mortgage foreclosure action\nby the owner and holder of the subject mortgage and note; and\n  (b) has complied with all of the provisions of section five hundred\nninety-five-a of the banking law and any rules and regulations\npromulgated thereunder, and section six-l or six-m of the banking law,\nfor loans governed by section six-l or six-m of the banking law, and\nsection thirteen hundred four of this article for all residential\nmortgage loans covering a one to four family dwelling.\n  2. It shall be a defense to an action to foreclose a mortgage that the\nterms of the home loan or the actions of the lender violate any\nprovision of section six-l or six-m of the banking law or section\nthirteen hundred four of this article, for loans governed by these\nprovisions.","path":["Real Property Actions \u0026 Proceedings Law","Article 13. Action to Foreclose a Mortgage"],"source_url":"https://legislation.nysenate.gov/api/3/laws/RPA/1302","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"3da9eb837145b5d8abc644516959bff022ec1e87a92372130f3449eb321be3f7","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-real-property-actions-proceedings-law-1301","next":"us-ny/n.y.-real-property-actions-proceedings-law-1302-a"},"notice":"GroundRules: Original legal text. Not legal advice."}