NY State — NY Real Property Actions & Proceedings Law

§ 1320 — SECTION 1320 Special summons requirement in private residence cases

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

What is NY RPAPL § 1320?

Quick Answer

This section establishes a special summons requirement for foreclosure actions on residential properties with up to three units. The summons must include a boldface notice warning homeowners of the risk of losing their home if they do not respond. Applies to homeowners facing mortgage foreclosure proceedings.

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

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§ 1320 SECTION 1320 Special summons requirement in private residence cases

RPAPL § 1320

In an action to foreclose a mortgage on a residential property containing not more than three units, in addition to the usual requirements applicable to a summons in the court, the summons shall contain a notice in boldface in the following form:

NOTICE

YOU ARE IN DANGER OF LOSING YOUR HOME

If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure 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 for further information on how to answer the summons and protect your property.

Sending a payment to your mortgage company will not stop this foreclosure action.

YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.

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