NY State — NY Real Property Actions & Proceedings Law

§ 1503 — SECTION 1503 Action to determine claims where foreclosure of mortgage was void or voidable

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

What is NY RPAPL § 1503?

Quick Answer

This section allows individuals to initiate an action to determine claims regarding a mortgage foreclosure that may be void or voidable. It applies to those with an interest in the real property, including owners, purchasers, or successors, enabling them to challenge judgments, sales, or conveyances related to the foreclosure.

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

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§ 1503 SECTION 1503 Action to determine claims where foreclosure of mortgage was void or voidable

RPAPL § 1503

When real property has been sold pursuant to a judgment in an action to foreclose a mortgage under article 13 of this chapter or pursuant to article 14 of this chapter, or has been conveyed to the mortgagee or the designee of such mortgagee by deed in lieu of foreclosure, and it appears from the public records or from the allegations of the complaint that such judgment, sale or conveyance was or may have been, for any reason, void or voidable as against any person, including an owner of the real property mortgaged, the purchaser or such mortgagee or designee, or the successor of any such person, in possession of such real property, may maintain an action as provided in this article to determine the right of any person to set aside such judgment, sale or conveyance or to enforce an equity of redemption or to recover possession of the property, or the right of any junior mortgagee to foreclose a mortgage. Such action may be maintained even though an action against the defendant to foreclose the mortgage under which the judgment, sale or conveyance was made, or to extinguish a right of redemption, would be barred by the statutes of limitation.

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