N.Y. Military Law Section 312
Mortgages


1.

The provisions of this section shall apply only to obligation and secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in military service at the commencement of the period of his military service and still so owned by him which obligations originated prior to such person’s period of military service.

2.

In any proceeding commenced in any court during the period of military service to enforce such obligation arising out of nonpayment of any sum thereunder due or out of any other breach of the terms thereof occurring prior to or during the period of such service the court may, after hearing, in its discretion, on its own motion, and shall, except as hereinafter provided in this act, on application to it by such person in military service or some person on his behalf, unless in the opinion of the court the ability of the defendant to comply with the terms of the obligation is not materially affected by reason of his military service (a) stay the proceedings as provided in this act; or

(b)

make such other disposition of the case as may be equitable to conserve the interests of all parties.

3.

No sale, foreclosure, or seizure of property for nonpayment of any sum due under any such obligation, or for any other breach of the terms thereof, whether under a power of sale, under a judgment entered upon warrant of attorney to confess judgment contained therein, or otherwise, shall be valid if made during the period of military service, or within six months thereafter, unless upon an order of sale previously granted by the court and a return thereto made and approved by the court.

4.

Any person who shall knowingly cause to be made any sale, foreclosure or seizure of property defined as invalid by subdivision three hereof, or attempts so to do, shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year, or by fine not to exceed one thousand dollars, or both.

Source: Section 312 — Mortgages, https://www.­nysenate.­gov/legislation/laws/MIL/312 (updated Sep. 22, 2014; accessed Jun. 22, 2024).

300
Findings and declaration of emergency
301
Definitions
301‑A
Notice of benefits to persons in and persons enlisting in the state organized militia
301‑B
Extension of benefits to dependents
301‑C
Accident prevention course information
302
Stay, et cetera, to persons secondarily liable
303
Representation
304
Proceedings to be stayed unless interest unaffected by military service
305
Relief against fines and penalties, et cetera
306
Actions against persons in service
307
Continuance of stay, et cetera
308
Statutes of limitations and statutes of a similar nature
308‑A
Waiver of professional continuing education requirements
308‑B
Extension of license, certificate or registration
309
Evictions
310
Liability for rent accruing after induction
311
Installment purchases
311‑A
Termination of motor vehicle lease contracts
311‑B
Cancellation without penalty of certain additional rental contracts
311‑C
Termination without penalty of certain service contracts
312
Mortgages
313
Settlement of cases involving stayed proceeding in foreclosure or repossession of personal property
313‑A
Exercise of rights under this article not to affect certain future financial transactions
314
Taxes
315
Taxes
316
Policies of insurance
316‑A
Protection of assignor of life insurance policy
316‑B
Professional liability protection for certain persons ordered to active duty in armed forces
317
Reemployment in private industry
318
Policy of the state
319
Evasive transfers of interest
321
Certificates of service
322
Interlocutory orders
323
Further relief
323‑A
Maximum rate of interest
323‑B
Filing fees waiver
324
Separability
325
Inconsistent provisions in other acts
326
Article thirteen of military law, added by laws of nineteen hundred forty-one, chapter six hundred eighty-six
327
Duration of the emergency
328
Short title

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 312’s source at nysenate​.gov

Link Style