Section 75.29. Foreclosures and judgments  


Latest version.
  • (a)  In  any foreclosure action the commissioner shall be made a party
      defendant. He shall take all steps necessary to protect the interests of
      the  public  therein  and  no  costs  shall  be  awarded  against   him.
      Foreclosures  shall not be decreed unless the court to which application
      is made shall be satisfied that  the  interests  of  the  lienholder  or
      holders cannot be adequately assured except by the sale of the property.
      In  any  such  proceeding,  the court shall be authorized to appoint the
      commissioner as receiver of the property, or to  grant  such  other  and
      further relief as may be reasonable and proper.
        (b) Notwithstanding the foregoing provisions of this section, wherever
      it  shall  appear  that  the New York state housing finance agency shall
      have loaned on a mortgage which is a first lien upon any such  property,
      such  New  York state housing finance agency shall have all the remedies
      available to a mortgagee under the laws of the state of New  York,  free
      from  any  restrictions  contained  in  this  section,  except  that the
      commissioner shall be made a party defendant and that  the  commissioner
      shall  take  all  steps necessary to protect the interests of the public
      and no costs shall be awarded against him.
        (c) In the event of a judgment against a company  in  any  action  not
      pertaining  to the collection of a mortgage indebtedness, there shall be
      no sale of any of the real property of such company  except  upon  sixty
      days'  written notice to the commissioner and the New York state housing
      finance agency. Upon receipt of such notice  the  commissioner  and  the
      agency  shall  take  such steps as in their judgment may be necessary to
      protect the rights of all parties.