2006 New York Code - Notice Of Sale; How Given.



 
    * §  1405. Notice of sale; how given. 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

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