Title RPA, Real Property Actions & Proceedings

§ 1141. Property; when restored. The possession of real property, which has been awarded to the petitioner as prescribed in this article, upon the presumption of the death of the person upon whose life the prior estate depends, must be restored, by the order of the court, to the…

§ 1142. Remedy of person evicted for rents and profits. A person evicted as prescribed in this article may, if the presumption upon which he is evicted is erroneous, maintain an action against the person who has occupied the property, or his executor or administrator, to recover…

§ 1143. Order not conclusive in ejectment. A final order made as prescribed in this article, awarding to the petitioner the possession of real property is presumptive evidence only, in an action of ejectment brought against him by the person evicted, or in an action brought as p…

§ 1201. Action by joint tenant or tenant in common; may maintain action against co-tenant. A joint tenant or a tenant in common of real property, or his executor or administrator, may maintain an action to recover his just proportion against his co-tenant who has received more t…

§ 121. Jurisdiction of certain actions relating to real property situate without the state. An action may be maintained in the courts of this state to recover damages for injuries to real estate without the state, or for breach of contracts or of covenants relating thereto, when…

§ 1211. Action by joint tenant, tenant in common or tenant by the entirety for extinguishment of missing co-tenant's estate upon deposit of its value. 1. Where real property is held by two or more persons in their own right as tenants in common, joint tenants or tenants by the e…

§ 1221. Action to sell preemptive rights against the city of New York. 1. In all cases where several persons are the owners, or claim to be the owners of any real estate or chattels real lying within the bounds of the city of New York, having different estates, or estates in com…

§ 1301. Separate action for mortgage debt. 1. Where final judgment for the plaintiff has been rendered in an action to recover any part of the mortgage debt, an action shall not be commenced or maintained to foreclose the mortgage, unless an execution against the property of the…

§ 1302. Foreclosure of certain residential mortgages. 1. Any complaint served in a proceeding initiated on a residential mortgage covering a one to four family dwelling pursuant to this article must contain an affirmative allegation that at the time the proceeding is commenced, …

§ 1302-a. Defense of lack of standing; not waived. Notwithstanding the provisions of subdivision (e) of rule thirty-two hundred eleven of the civil practice law and rules, any objection or defense based on the plaintiff's lack of standing in a foreclosure proceeding related to a…

§ 1303. Foreclosures; required notices. 1. The foreclosing party in a mortgage foreclosure action, involving residential real property shall provide notice to: (a) any mortgagor if the action relates to an owner-occupied one-to-four family dwelling; and (b) any tenant of a dwell…

§ 1304. Required prior notices. 1. Notwithstanding any other provision of law, with regard to a home loan, at least ninety days before a lender, an assignee or a mortgage loan servicer commences legal action against the borrower, or borrowers at the property address and any othe…

§ 1305. Notice to tenants. 1. Definitions. For the purposes of this section, the following definitions shall apply: (a) "Residential real property" shall mean real property located in this state improved by any building or structure that is or may be used, in whole or in part, a…

§ 1306. Filing with superintendent. 1. Each lender, assignee or mortgage loan servicer shall file with the superintendent of financial services (superintendent) within three business days of the mailing of the notice required by subdivision one of section thirteen hundred four o…

§ 1307. Duty to maintain foreclosed property. 1. A plaintiff who commences a mortgage foreclosure action, including a lender, an assignee or a mortgage loan servicer, seeking a judgment of foreclosure and sale pursuant to section thirteen hundred fifty-one of this article, invol…

§ 1308. Inspecting, securing and maintaining vacant and abandoned residential real property. Notwithstanding any other provision of law to the contrary, the following subdivisions of this section shall only apply to vacant and abandoned one to four family residential real proper…

§ 1309. Expedited application for judgment of foreclosure and sale for vacant and abandoned property. 1. The plaintiff in any foreclosure proceeding may make an application by notice of motion or order to show cause for a judgment of foreclosure and sale on the grounds that the …

§ 131. Construction of act of reconsolidation. 1. This chapter shall be construed as a continuation and reenactment of the provisions of the real property law repealed by article 21 hereof as such provisions existed on December 31, 1961. 2. The repeal by this chapter of provisio…

§ 1310. Vacant and abandoned property; statewide vacant and abandoned property electronic registry. 1. The department of financial services shall maintain a statewide vacant and abandoned property registry in the form of an electronic database. The department of financial servic…

§ 1311. Necessary defendants. Each of the following persons, whose interest is claimed to be subject and subordinate to the plaintiff's lien, shall be made a party defendant to the action: 1. Every person having an estate or interest in possession, or otherwise, in the property …

§ 1312. Representative defendants. 1. Where a trust has been created by will or by deed or by declaration of trust, the trustees of such trust who shall have duly qualified shall be made parties defendant and shall represent all persons who are or may become entitled to a benefi…

§ 1313. Permissible defendants. 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 …

§ 1315. Action by owner of junior participating interest. An action may be maintained by the owner of a junior participating share or interest in a bond or note secured by a mortgage on real, or on real and personal property, for the payment of principal and interest and for for…

§ 1320. Special summons requirement in private residence cases. 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 …

§ 1321. Default or admission. 1. If the defendant fails to answer within the time allowed or the right of the plaintiff is admitted by the answer, upon motion of the plaintiff, the court shall ascertain and determine the amount due, or direct a referee to compute the amount due …

§ 1325. Receiver. 1. Where the action is for the foreclosure of a mortgage providing that a receiver may be appointed without notice, notice of a motion for such appointment shall not be required. 2. Where a receiver has been appointed, upon the application of the plaintiff or o…

§ 1331. Notice of pendency. The plaintiff, at least twenty days before a final judgment directing a sale is rendered, shall file in the clerk's office of each county where the mortgaged property is situated a notice of the pendency of the action, which shall specify, in addition…

§ 1341. Payment into court of amount due. Where an action is brought to foreclose a mortgage upon real property upon which any part of the principal or interest is due, and another portion of either is to become due, and the defendant pays into court the amount due for principal…

§ 1351. Judgment of sale. 1. The judgment shall direct that the mortgaged premises, or so much thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale and the costs of the action, and which may be sold separately without material injury to the parti…

§ 1352. Judgment foreclosing right of redemption. Where real property has been sold pursuant to a judgment in an action to foreclose a mortgage, and an action is thereafter brought to foreclose or extinguish a right of redemption in such real property, the judgment, instead of d…

§ 1353. Conveyance. 1. After the property has been sold, the officer conducting the sale shall execute a deed to the purchaser. The plaintiff, or any other party, may become a purchaser. If the plaintiff (or its affiliate, as defined in paragraph (a) of subdivision one of sectio…

§ 1354. Distribution of proceeds of sale. 1. The officer conducting the sale shall pay, out of the proceeds, unless otherwise directed, the expenses of the sale, and pay to the plaintiff, or his attorney, the amount of the debt, interest and costs, or so much as the proceeds wil…

§ 1355. Report of sale; confirmation. 1. Within thirty days after completing the sale and executing the proper conveyance to the purchaser, unless such time be extended by the court within said thirty days, the officer making the sale shall file with the clerk his report under o…

§ 1361. Application for surplus; reference. 1. Any person claiming the surplus moneys arising upon the sale of mortgaged premises, or any part thereof, either in his own name, or by his attorney, at any time before the confirmation of the report of sale, may file with the clerk …

§ 1362. Payment of surplus out of court. 1. Upon confirmation of the report of sale, or upon such proceedings as are provided in section 1361, the court shall order the payment of the surplus proceeds of sale out of court to such persons as are entitled thereto. 2. If the proper…

§ 1371. Deficiency judgment. 1. If a person who is liable to the plaintiff for the payment of the debt secured by the mortgage is made a defendant in the action, and has appeared or has been personally served with the summons, the final judgment may award payment by him of the w…

§ 1391. Proceeding for share of unknown heirs. Sections 991 and 992 shall apply to an action to foreclose a mortgage on real property.

§ 1392. Foreclosure actions involving abandoned properties. If a property has been certified abandoned pursuant to section nineteen hundred seventy-one of this chapter, or deemed vacant and abandoned pursuant to section thirteen hundred nine of this article, the city, village, o…

§ 1393. Mortgages in default. 1. No local law, ordinance or resolution shall allow for the registration of residential mortgages in default prior to a mortgagee filing a notice of pendency in a court of competent jurisdiction. 2. No such local law, ordinance or resolution shall …

§ 1501. Who may maintain an action. 1. Where a person claims an estate or interest in real property; or where he claims such estate or interest as executor or administrator of a deceased person; or where a municipal corporation has purchased an estate or interest in real propert…

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

§ 1511. Additional parties. 1. In an action brought under this article, the person in possession shall be made a party to the action, and when such person claims the right of possession, or an interest in the real property, under another, such other person shall also be made a p…

§ 1513. Guardians ad litem. If it shall appear by the complaint or is otherwise made to appear to the court at any time before a final judgment, that a defendant is or might be an infant, or incompetent to manage himself or his affairs, or that a future interest in the affected …

§ 1515. Complaint. 1. The complaint must state that the action is brought pursuant to this article and must set forth facts showing: a. The plaintiff's estate or interest in the real property, the particular nature of such estate or interest, and the source from or means by whic…

§ 1517. Answer. The defendant may, in his answer, deny any material allegation of the complaint controverted by him, or any knowledge or information thereof sufficient to form a belief, or may set forth facts constituting a defense; and thereupon he may demand judgment dismissin…

§ 1519. Proceedings. 1. In an action maintained under this article, the proceedings shall be governed by the provisions regulating civil actions, except as otherwise provided in this article. 2. When service of the summons on any defendant is made by publication, the order for s…

§ 1521. Judgment. 1. Final judgment in the action shall declare the validity of any claim to any estate or interest established by any party to the action. The judgment shall also declare that any party whose claim to an estate or interest in the property has been adjudged inval…

§ 1522. Accounting in certain cases. In an action brought under section 1503 the court shall direct such accounting as justice requires in the circumstances for rents and profits of the property or the value of the use and occupation during the period subsequent to the original …

§ 1523. Judgment of foreclosure in certain cases. 1. In an action under section 1503 if it shall appear to the court that there was a defect in the original foreclosure proceedings and such defect was not occasioned by the fraud or wilful neglect of the plaintiff, the judgment m…

§ 1531. Effect of judgment. 1. A final judgment in favor of either party, in an action brought as prescribed in this article, is conclusive, as to the title established in the action, against the other party, known or unknown, including an infant or a person with a mental disabi…