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 1417. Costs and expenses allowed
Latest version.
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The mortgagee shall be entitled to recover out of the proceeds of sale, or upon application for a deficiency judgment, the costs and expenses of: (a) advertisement of the notice of sale, as determined by paid receipts therefor; (b) service of the notice of intention to foreclose and the notice of sale; (c) preparation and filing of the affidavits required under this article, the power of sale deed, and report of sale; (d) the conduct of the sale, including the fee of the officer conducting the sale, which, except as shall be directed by the court, shall not exceed one thousand dollars; (e) recording of the deed if the mortgagee is the purchaser at the sale; (f) filing or recording the mortgage if not theretofore paid for by the mortgagor; and (g) the reasonable attorneys' fees incurred in connection with the non-judicial proceeding under this article which, except as shall be directed by the court, shall not exceed the sum of twenty-five hundred dollars. Fees designated in this section in dollar amounts shall be indexed in accordance with changes in the federal consumer price index - all consumers, over base year nineteen hundred ninety-eight. * NB Repealed July 1, 2009