There is a newer version of the New York Consolidated Laws
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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