2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
3012-B - Certificate of merit in certain residential forclosure actions.


NY CPLR § 3012-B (2012) What's This?
 
    §  3012-b.  Certificate  of  merit  in certain residential foreclosure
  actions. (a) In any residential  foreclosure  action  involving  a  home
  loan,  as  such  term is defined in section thirteen hundred four of the
  real property actions and proceedings law, in which the defendant  is  a
  resident  of the property which is subject to foreclosure, the complaint
  shall be accompanied by a certificate, signed by the  attorney  for  the
  plaintiff,  certifying  that  the attorney has reviewed the facts of the
  case and  that,  based  on  consultation  with  representatives  of  the
  plaintiff  identified  in  the  certificate and the attorney's review of
  pertinent documents, including the mortgage, security agreement and note
  or  bond  underlying  the  mortgage  executed  by  defendant   and   all
  instruments   of  assignment,  if  any,  and  any  other  instrument  of
  indebtedness including any modification, extension,  and  consolidation,
  to  the  best of such attorney's knowledge, information and belief there
  is a reasonable basis for the commencement of such action and  that  the
  plaintiff  is  currently  the  creditor entitled to enforce rights under
  such documents. If not attached to the  summons  and  complaint  in  the
  action,  a  copy  of  the  mortgage, security agreement and note or bond
  underlying the mortgage executed by defendant  and  all  instruments  of
  assignment,  if  any, and any other instrument of indebtedness including
  any modification, extension, and consolidation shall be attached to  the
  certificate.
    (b) Where a certificate is required pursuant to this section, a single
  certificate  shall  be  filed  for  each  action  even  if more than one
  defendant has been named in the complaint or is subsequently named.
    (c) Where  the  documents  required  under  subdivision  (a)  are  not
  attached  to  the  summons  and  complaint  or  to  the certificate, the
  attorney for the plaintiff shall attach to the certificate  supplemental
  affidavits  by  such  attorney  or representative of plaintiff attesting
  that such documents are lost whether by destruction, theft or otherwise.
  Nothing herein shall replace or abrogate plaintiff's obligations as  set
  forth in the New York uniform commercial code.
    (d)  The  provisions  of  subdivision (d) of rule 3015 of this article
  shall not be applicable to a defendant who  is  not  represented  by  an
  attorney.
    (e) If a plaintiff willfully fails to provide copies of the papers and
  documents  as  required by subdivision (a) of this section and the court
  finds, upon the motion of any party or on its own motion  on  notice  to
  the parties, that such papers and documents ought to have been provided,
  the  court  may  dismiss the complaint or make such final or conditional
  order with regard to such failure as is just including but  not  limited
  to  denial  of  the  accrual of any interest, costs, attorneys' fees and
  other fees, relating to the underlying mortgage debt. Any such dismissal
  shall be without prejudice and shall not be on the merits.

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