Laws of New York (Last Updated: November 21, 2014) |
RPA Real Property Actions and Proceedings |
Article 14. FORECLOSURE OF MORTGAGE BY POWER OF SALE |
Section 1406. Notice of sale; how served
Latest version.
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Service of notice of the sale as prescribed in subdivision one of section fourteen hundred five of this article shall be made upon a person or entity described in subdivision one of section fourteen hundred five of this article that the mortgagee seeks to foreclose as follows: 1. At least thirty days before the date of sale, by delivering a copy of the notice, in the manner prescribed by article three of the civil practice law and rules for personal service of a copy of a summons in a civil action in a court of record, to the person or entity to be served, and by mailing an additional copy thereof to such person or entity by first class mail in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action or proceeding against the person or entity to be served. If such person or entity is a foreign corporation, or is not a resident of or within the state, then service thereof may be made upon it in like manner without the state, at least forty days before the date of sale. 2. Service of a copy of the notice of sale upon the mortgagor, the mortgagor's successors or assigns, or a subsequent grantee of the property from the mortgagor, in the manner prescribed in the mortgage shall be good, valid and effective service hereunder. 3. Service of a copy of the notice of sale upon the United States of America, its agencies or instrumentalities, shall be in accordance with applicable federal statute. * NB Repealed July 1, 2009