“YOU ARE IN DANGER OF LOSING YOUR HOME”

CHAPTER TEXT:

LAWS OF NEW YORK, 2007

CHAPTER 458

AN ACT to amend the real property actions and proceedings law and thecivil practice law and rules, in relation to providing additionalnotice to mortgagors that a foreclosure action has been commenced

Became a law August 1, 2007, with the approval of the Governor.Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:

Section 1. The real property actions and proceedings law is amended byadding a new section 1320 to read as follows:§ 1320. Special summons requirement in private residence cases. In anaction to foreclose a mortgage on a residential property containing notmore than three units, in addition to the usual requirements applicableto a summons in the court, the summons shall contain a notice in bold-face in the following form:NOTICEYOU ARE IN DANGER OF LOSING YOUR HOMEIf you do not respond to this summons and complaint by serving a copyof the answer on the attorney for the mortgage company who filed thisforeclosure proceeding against you and filing the answer with the court,a default judgment may be entered and you can lose your home.Speak to an attorney or go to the court where your case is pending forfurther information on how to answer the summons and protect your prop-erty.Sending a payment to your mortgage company will not stop this foreclo-sure action.YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FORTHE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.§ 2. Subparagraph (iii) of paragraph 3 of subdivision (g) of section3215 of the civil practice law and rules, as added by chapter 77 of thelaws of 1986, is amended to read as follows:(iii) This requirement shall not apply to cases in the small claimspart of any court, or to any summary proceeding to recover possession ofreal property, or to actions affecting title to real property, exceptresidential mortgage foreclosure actions.§ 3. This act shall take effect immediately. 

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