Section 1406. Notice of sale; how served  


Latest version.
  • 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        * NB Repealed July 1, 2009