Title RPA, Real Property Actions & Proceedings

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

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

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

§ 1201. Action by joint tenant or tenant in common; may maintain\naction against co-tenant. A joint tenant or a tenant in common of real\nproperty, or his executor or administrator, may maintain an action to\nrecover his just proportion against his co-tenant who has received mor…

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

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

§ 1221. Action to sell preemptive rights against the city of New York.\n1. In all cases where several persons are the owners, or claim to be the\nowners of any real estate or chattels real lying within the bounds of\nthe city of New York, having different estates, or estates in …

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

§ 1302. Foreclosure of certain residential mortgages. 1. Any complaint\nserved in a proceeding initiated on a residential mortgage covering a\none to four family dwelling pursuant to this article must contain an\naffirmative allegation that at the time the proceeding is commence…

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

§ 1303. Foreclosures; required notices. 1. The foreclosing party in a\nmortgage foreclosure action, involving residential real property shall\nprovide notice to:\n (a) any mortgagor if the action relates to an owner-occupied\none-to-four family dwelling; and\n (b) any tenant of …

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

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

§ 1306. Filing with superintendent. 1. Each lender, assignee or\nmortgage loan servicer shall file with the superintendent of financial\nservices (superintendent) within three business days of the mailing of\nthe notice required by subdivision one of section thirteen hundred fou…

§ 1307. Duty to maintain foreclosed property. 1. A plaintiff who\ncommences a mortgage foreclosure action, including a lender, an assignee\nor a mortgage loan servicer, seeking a judgment of foreclosure and sale\npursuant to section thirteen hundred fifty-one of this article,\ni…

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

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

§ 131. Construction of act of reconsolidation. 1. This chapter shall\nbe construed as a continuation and reenactment of the provisions of the\nreal property law repealed by article 21 hereof as such provisions\nexisted on December 31, 1961.\n 2. The repeal by this chapter of pro…

§ 1310. Vacant and abandoned property; statewide vacant and abandoned\nproperty electronic registry. 1. The department of financial services\nshall maintain a statewide vacant and abandoned property registry in the\nform of an electronic database. The department of financial ser…

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

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

§ 1313. Permissible defendants. Any person who is liable to the\nplaintiff for payment of the debt secured by the mortgage may be made a\ndefendant in the action. The state may be made a party defendant to an\naction for the foreclosure of a mortgage on real property, where it h…

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

§ 1320. Special summons requirement in private residence cases. In an\naction to foreclose a mortgage on a residential property containing not\nmore than three units, in addition to the usual requirements applicable\nto a summons in the court, the summons shall contain a notice …

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

§ 1325. Receiver. 1. Where the action is for the foreclosure of a\nmortgage providing that a receiver may be appointed without notice,\nnotice of a motion for such appointment shall not be required.\n 2. Where a receiver has been appointed, upon the application of the\nplaintiff…

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

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

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

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

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

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

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

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

§ 1362. Payment of surplus out of court. 1. Upon confirmation of the\nreport of sale, or upon such proceedings as are provided in section\n1361, the court shall order the payment of the surplus proceeds of sale\nout of court to such persons as are entitled thereto.\n 2. If the p…

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

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

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

§ 1393. Mortgages in default. 1. No local law, ordinance or resolution\nshall allow for the registration of residential mortgages in default\nprior to a mortgagee filing a notice of pendency in a court of competent\njurisdiction.\n 2. No such local law, ordinance or resolution s…

§ 1501. Who may maintain an action. 1. Where a person claims an estate\nor interest in real property; or where he claims such estate or interest\nas executor or administrator of a deceased person; or where a municipal\ncorporation has purchased an estate or interest in real prop…

§ 1503. Action to determine claims where foreclosure of mortgage was\nvoid or voidable. When real property has been sold pursuant to a\njudgment in an action to foreclose a mortgage under article 13 of this\nchapter or pursuant to article 14 of this chapter, or has been conveyed…

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

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

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

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

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

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

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

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

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