(a) is the owner and holder of the subject mortgage and note, or has
been delegated the authority to institute a mortgage foreclosure action
by the owner and holder of the subject mortgage and note; and
(b) has complied with all of the provisions of section five hundred
ninety-five-a of the banking law and any rules and regulations
promulgated thereunder, and section six-l or six-m of the banking law,
for loans governed by section six-l or six-m of the banking law, and
section thirteen hundred four of this article for all residential
mortgage loans covering a one to four family dwelling.
2. It shall be a defense to an action to foreclose a mortgage that the
terms of the home loan or the actions of the lender violate any
provision of section six-l or six-m of the banking law or section
thirteen hundred four of this article, for loans governed by these
provisions.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 13 - Action to Foreclose a Mortgage
1301 - Separate Action for Mortgage Debt.
1302 - Foreclosure of Certain Residential Mortgages.
1302-A - Defense of Lack of Standing; Not Waived.
1303 - Foreclosures; Required Notices.
1304 - Required Prior Notices.
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; Statewide Vacant and Abandoned Property Electronic Registry.
1312 - Representative Defendants.
1313 - Permissible Defendants.
1315 - Action by Owner of Junior Participating Interest.
1320 - Special Summons Requirement in Private Residence Cases.
1341 - Payment Into Court of Amount Due.
1352 - Judgment Foreclosing Right of Redemption.
1354 - Distribution of Proceeds of Sale.
1355 - Report of Sale; Confirmation.
1361 - Application for Surplus; Reference.
1362 - Payment of Surplus Out of Court.
1391 - Proceeding for Share of Unknown Heirs.