Section 1405. Notice of sale; how given  


Latest version.
  • Notice that the mortgage will be
      foreclosed by a sale of the mortgaged property, or a part thereof, at  a
      time  and place specified in the notice, shall be given in the following
      manner:
        1. A copy of the notice shall be  served,  as  prescribed  in  section
      fourteen hundred six of this article, upon:
        (a) the mortgagor;
        (b)  the  obligor on the note, bond or other obligation, if other than
      the mortgagor;
        (c) the owner of the mortgaged property, if other than the mortgagor;
        (d) any other person or entity in the mortgage designated  to  receive
      notice;
        (e)  a  subsequent lienor of the mortgaged property that the mortgagee
      seeks to foreclose whose interest was recorded or docketed in the proper
      office for recording or filing in the  county  in  which  the  mortgaged
      property is located at the time of the filing of the notice of pendency;
        (f)  any  person  having  a  lien  upon  or  interest in the mortgaged
      property, or any part thereof, at the time of the filing of  the  notice
      of  pendency  that is subordinate to the mortgage and that the mortgagee
      seeks to foreclose. Affidavits of service or mailing upon  each  of  the
      persons  or entities entitled to notice of the sale shall be filed prior
      to the  date  of  sale  under  the  index  number  of  the  non-judicial
      proceeding  with  the  clerk  of the county in which the sale is to take
      place.
        2. A copy of the notice of sale must be published  at  least  once  in
      each  week  during  the  five successive weeks immediately preceding the
      date of sale, or at least twice in each week during the four  successive
      weeks  immediately preceding the date of sale, in a newspaper of general
      circulation distributed in the county in which the property to be  sold,
      or  any  part thereof, is situated, or if no newspaper is distributed in
      such county, then in a newspaper distributed  in  an  adjoining  county,
      except  that where such property is located in a county wholly contained
      within a city with a population of one million or more, such  notice  of
      sale  shall  be  published  in  the  same manner as a notice of judicial
      proceeding  in  a  newspaper  distributed  within  such  county  to   be
      designated  by  the clerk of such county. Any period of seven successive
      days shall constitute a week under this section.
        3. A copy of the notice of sale must be filed on or before the day  of
      first  publication  of  the notice of sale with the clerk of each county
      wherein the mortgaged property, or any part thereof, is situated.
        4. The publication provisions of this section  shall  be  followed  in
      lieu of the provisions of section two hundred thirty-one of this chapter
      respecting the publication of a notice of sale.
        * NB Repealed July 1, 2009