2012 New York Consolidated Laws
RPA - Real Property Actions & Proceedings
Article 13 - (1301 - 1391) ACTION TO FORECLOSE A MORTGAGE
1302 - Foreclosure of high-cost home loans and subprime home loans.

 
    §  1302.  Foreclosure of high-cost home loans and subprime home loans.
  1.  Any complaint served in a  proceeding  initiated  pursuant  to  this
  article  relating  to  a high-cost home loan or a subprime home loan, as
  such terms are defined in section six-l and six-m of  the  banking  law,
  respectively,  must  contain  an affirmative allegation that at the time
  the proceeding is commenced, the plaintiff:
    (a) is the owner and holder of the subject mortgage and note,  or  has
  been  delegated the authority to institute a mortgage foreclosure action
  by the owner and holder of the subject mortgage and note; and
    (b) has complied with all of the provisions of  section  five  hundred
  ninety-five-a   of  the  banking  law  and  any  rules  and  regulations
  promulgated thereunder, section six-l or six-m of the banking  law,  and
  section thirteen hundred four of this article.
    2.  It  shall  be a defense to an action to foreclose a mortgage for a
  high-cost home loan or subprime home loan that the  terms  of  the  home
  loan or the actions of the lender violate any provision of section six-l
  or  six-m  of  the  banking law or section thirteen hundred four of this
  article.