Section 1303. Foreclosures; required notices  


Latest version.
  • 1. The foreclosing party in a
      mortgage foreclosure action, which involves  residential  real  property
      consisting  of owner-occupied one-to-four-family dwellings shall provide
      notice to the mortgagor  in  accordance  with  the  provisions  of  this
      section  with regard to information and assistance about the foreclosure
      process.
        2. The notice required by this section shall  be  delivered  with  the
      summons  and  complaint  to  commence  a  foreclosure action. The notice
      required by this section shall be in bold, fourteen-point type and shall
      be printed on colored paper that is other than the color of the  summons
      and   complaint,  and  the  title  of  the  notice  shall  be  in  bold,
      twenty-point type. The notice shall be on its own page.
        3. The notice required by this section shall appear as follows:
                         Help for Homeowners in Foreclosure
        New York State Law requires that we send you  this  notice  about  the
      foreclosure process. Please read it carefully.
      Summons and Complaint
        You  are  in danger of losing your home. If you fail to respond to the
      summons and complaint in this foreclosure  action,  you  may  lose  your
      home.  Please  read  the  summons  and  complaint  carefully. You should
      immediately contact an attorney or your local legal aid office to obtain
      advice on how to protect yourself.
      Sources of Information and Assistance
        The State encourages you to become  informed  about  your  options  in
      foreclosure. In addition to seeking assistance from an attorney or legal
      aid  office,  there are government agencies and non-profit organizations
      that you may contact for information about possible  options,  including
      trying to work with your lender during this process.
        To  locate  an  entity  near  you, you may call the toll-free helpline
      maintained by the New York State  Banking  Department  at  _____________
      (enter  number)  or  visit  the  Department's website at _______________
      (enter web address).
      Foreclosure rescue scams
        Be careful of people who approach you with offers to "save" your home.
      There are individuals who watch for notices of  foreclosure  actions  in
      order  to  unfairly  profit  from  a homeowner's distress. You should be
      extremely careful about any such promises and any suggestions  that  you
      pay  them  a  fee  or  sign  over  your  deed. State law requires anyone
      offering such services for profit to enter into a contract  which  fully
      describes  the services they will perform and fees they will charge, and
      which prohibits them from taking any money  from  you  until  they  have
      completed all such promised services.
        4. The banking department shall prescribe the telephone number and web
      address to be included in the notice.
        5.  The banking department shall post on its website or otherwise make
      readily  available  the  name  and  contact  information  of  government
      agencies   or   non-profit  organizations  that  may  be  contacted  for
      information about  the  foreclosure  process,  including  maintaining  a
      toll-free  helpline  to  disseminate  the  information  required by this
      section.