2006 New York Code - Notice Of Intention To Foreclose.

 
    * § 1402. Notice of intention to foreclose. 1. Not later than ten days
  after  commencing  the  non-judicial  proceeding by filing the notice of
  pendency pursuant to section fourteen hundred three of this article, and
  not less than ten days prior to the first service of the notice of  sale
  pursuant  to section fourteen hundred six of this article, a copy of the
  notice of pendency, together with a notice of intention to foreclose, in
  a writing complying with subdivision two of this section, shall be  sent
  to  the mortgagor, the obligor on the note, bond, or other obligation if
  other than the mortgagor, the owner of the mortgaged property, if  other
  than  the mortgagor, and to any person or entity having a lien of record
  upon the mortgaged property,  or  interest  in  the  mortgaged  property
  subordinate  to  the  mortgage that the mortgagee seeks to foreclose, at
  the time of the filing of the notice of pendency of which the  mortgagee
  has  actual  knowledge  or  is  on  constructive  notice,  both  by  (a)
  registered mail or certified mail and (b) ordinary first class mail,  or
  by  personal  service  in  the same manner as service of a summons. Such
  notice shall be sent to the owner  of  the  mortgaged  property  at  the
  address  of  the  property or at such other address that is known to the
  mortgagee, to a mortgagor at the mortgagor's address  specified  in  the
  mortgage  or  to  such  other  place  as  may  have been directed by the
  mortgagor in writing in accordance with the mortgage, and to any  person
  or  entity  having a lien of record subordinate to the mortgage that the
  mortgagee seeks to foreclose at the address  shown  on  such  lien.  The
  notice  shall  be  sent  to  a  person  or entity having any subordinate
  interest in the mortgaged property that the mortgagee seeks to foreclose
  and of which the mortgagee has such  actual  knowledge  or  constructive
  notice  at  such  person's  or  entity's last known personal or business
  address.
    2. The notice shall:
    (a) identify the  mortgage  by  the  parties  thereto,  the  date  and
  recording  date  thereof,  and any recorded amendments and modifications
  thereof;
    (b) (1) if there is a monetary default, set forth the amounts due, the
  date due and any late charges and default interest;
    (2) if there is a non-monetary default, set forth the basis thereof;
    (c) state that the mortgagee has (1) made demand to cure a default  if
  such  demand  is  required under the mortgage or the note, bond or other
  obligation secured thereby, which default has not been cured within  the
  applicable  cure  period, and (2) declared the entire obligation secured
  by the mortgage to be immediately due and payable by written  notice  to
  the mortgagor;
    (d)  set  forth  the  outstanding  principal  balance declared due and
  payable, together with the amount of interest accrued  thereon  and  the
  approximate amount of other sums secured by the mortgage;
    (e) state that the interest in the mortgaged property of the mortgagor
  and all persons or entities having an interest in the mortgaged property
  subordinate to the mortgage, who are served with a copy of the notice of
  intention  to  foreclose  and  any  other  notices  required  under this
  article, will be terminated by foreclosure of the mortgage by  power  of
  sale  pursuant  to  this  article and that the mortgagor, owner, or such
  other person or entity having an  interest  in  the  mortgaged  property
  subordinate  to  the  mortgage,  may  thereupon  be  evicted by judicial
  process;
    (f) set forth the right of the mortgagor,  or  any  person  or  entity
  having  an  interest  in  the  mortgaged  property  subordinate  to  the
  mortgage, to  any  surplus  moneys  out  of  the  proceeds  of  sale  in
  accordance  with  the provisions of section fourteen hundred eighteen of
  this article; and, if a  deficiency  judgment  is  permitted,  that  the
  mortgagee shall have the right to seek a deficiency judgment pursuant to
  section fourteen hundred nineteen of this article;
    (g)  set  forth  the  rights  and  remedies,  as  specified in section
  fourteen hundred twenty-one of this article, which are available to  the
  mortgagor,  or  any  person  or  entity  claiming under the mortgagor or
  having an interest in or lien  upon  the  mortgaged  property  which  is
  subordinate to the mortgage being foreclosed; and
    (h)  where the United States of America, the state of New York, or any
  municipality, agency or instrumentality of any of them, is  entitled  to
  notice,  the  notice  shall specify with particularity the nature of the
  interest or lien of the governmental entity. The non-judicial proceeding
  under this article shall be deemed to be  an  action,  for  purposes  of
  statutes conferring jurisdiction over governmental entities.
    3.  Affidavits  of  service  or  mailing  upon  each of the persons or
  entities entitled  to  and  served  with  the  notice  of  intention  to
  foreclose  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.
    * NB Repealed July 1, 2009