§ 43-01 [Mortgage Foreclosure Action; Notice.]
RCNY § 43-01
(a)Within fifteen days of service of pleadings commencing a mortgage foreclosure action against residential real property in the city of New York, or within thirty days after June 15, 2012 where such mortgage foreclosure action was commenced after February 13, 2010, and prior to June 15, 2012 and is still pending, the mortgagee must provide notice to the Department of Housing Preservation and Development (Department) by electronic submission, if possible, or by regular mail, in a form prescribed by the Department. The form is available on the Department's website, at its offices at 100 Gold Street, New York, or by dialing 311 and requesting the form.
(b)The notice to the Department provided pursuant to subdivision (a) of this section must include the following information: (1) the name, mailing address, telephone number and e-mail address of the mortgagee plaintiff commencing the action; (2) the name, mailing address, telephone number and, if known, the e-mail address of the beneficial holder of the note of indebtedness; (3) the name, mailing address, telephone number and, if known, the e-mail address of the attorney representing the mortgagee plaintiff; (4) the name, mailing address, telephone number and e-mail address of the principal or corporate officer of such mortgagee plaintiff, where applicable; (5) the name, mailing address, telephone number and e-mail address of the servicer of the mortgage, where applicable; (6) the name, mailing address, telephone number and e-mail address of any assignee of the mortgage after commencement of the foreclosure action, where applicable; (7) the name, mailing address, telephone number and, if known, the e-mail address of the defendant(s) borrower(s) and the name(s) of any other defendant(s) in the foreclosure action, that are named in the pleadings; (8) the street address and block and lot number of the residential real property that is the subject of the foreclosure action and the number of units; (9) the date of commencement of the foreclosure action; (10) the court in which the foreclosure action was commenced and the index number of the action; (11) the amount of the principal balance owed under the mortgage being foreclosed, including interest and principal arrears, late fees and any other sums due and owing as of the date of filing of the complaint; (12) the interest rate and maturity date of the mortgage being foreclosed, including the amount, if any, necessary to bring the loan current as of the date of filing of the complaint; (13) a list, including amounts, of any other indebtedness on the residential real property that is the subject of the foreclosure action as set forth in the pleadings; (14) the city register file number or reel and page number assigned to the recorded mortgage being foreclosed, if applicable; (15) the name and, if known, the mailing address, phone number, 24-hour emergency contact phone number, and e-mail address of any receiver who is appointed by the court in the mortgage foreclosure proceeding, and his or her agent. Where such receiver is appointed after the filing of the initial notice with the Department pursuant to this section, the mortgagee must provide the information required by this paragraph within fifteen days of such appointment; and (16) the name, mailing address, phone number, and, if known, e-mail address for any company retained by the mortgagee to maintain the residential real property that is the subject of the foreclosure action. Where such company is retained after the filing of the initial notice with the Department pursuant to this section, the mortgagee must provide the information required by this paragraph within fifteen days of retaining such company.
