ยง 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.
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.