N.Y. Real Property Actions & Proceedings Law Section 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 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.

Source: Section 1320 — Special summons requirement in private residence cases, https://www.nysenate.gov/legislation/laws/RPA/1320 (updated Apr. 5, 2024; accessed Oct. 26, 2024).

1301
Separate action for mortgage debt 1302
Foreclosure of certain residential mortgages 1302‑A
Defense of lack of standing 1303
Foreclosures 1304
Required prior notices 1305
Notice to tenants 1306
Filing with superintendent 1307
Duty to maintain foreclosed property 1308
Inspecting, securing and maintaining vacant and abandoned residential real property 1309
Expedited application for judgment of foreclosure and sale for vacant and abandoned property 1310
Vacant and abandoned property 1311
Necessary defendants 1312
Representative defendants 1313
Permissible defendants 1315
Action by owner of junior participating interest 1320
Special summons requirement in private residence cases 1321
Default or admission 1325
Receiver 1331
Notice of pendency 1341
Payment into court of amount due 1351
Judgment of sale 1352
Judgment foreclosing right of redemption 1353
Conveyance 1354
Distribution of proceeds of sale 1355
Report of sale 1361
Application for surplus 1362
Payment of surplus out of court 1371
Deficiency judgment 1391
Proceeding for share of unknown heirs 1392
Foreclosure actions involving abandoned properties 1393
Mortgages in default

Accessed:
Oct. 26, 2024

Last modified:
Apr. 5, 2024

§ 1320’s source at nysenate.gov

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Location: https://newyork.public.law/laws/n.y._real_property_actions_and_proceedings_law_section_1320

Original Source: Section 1320 — Special summons requirement in private residence cases, https://www.nysenate.gov/legislation/laws/RPA/1320 (last accessed Apr. 6, 2024).