NY State — NY Real Property Actions & Proceedings Law

§ 1313 — SECTION 1313 Permissible defendants

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 1313?

Quick Answer

This section outlines the permissible defendants in a mortgage foreclosure action, allowing any person liable for the mortgage debt to be included as a defendant. It specifies that the state can also be a party defendant if it has an interest or lien on the property following the mortgage lien. Applies to parties involved in mortgage foreclosure actions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 1313 SECTION 1313 Permissible defendants

RPAPL § 1313

Any person who is liable to the plaintiff for payment of the debt secured by the mortgage may be made a defendant in the action. The state may be made a party defendant to an action for the foreclosure of a mortgage on real property, where it has an interest in or a lien on the property subsequent to the lien of the mortgage sought to be foreclosed in said action, in the same manner as a private person.

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