New York Laws
Part 2
2429-A - Payment of Insurance and Development Corporation Credit Support.

§ 2429-a. Payment of insurance and development corporation credit
support. 1. The agency shall establish procedures to be followed by a
mortgagee in the event of a default under the terms of any mortgage
insured by the agency. The agency may require that prior to submitting a
claim to the agency for payment of insurance the mortgagee shall take
such actions with respect to the property securing the defaulted
mortgage as may be specified by the agency to be satisfactory evidence
of a continuing default, including but not limited to the following: (i)
becoming lawfully the mortgagee in possession thereof; (ii) causing a
receiver to be appointed of such property; (iii) obtaining voluntary
conveyance of the mortgagor's right and title to such property; or (iv)
obtaining by foreclosure clear and unencumbered title to such property,
all in such manner as the agency may require. Following submission of a
valid claim the agency shall pay an amount which shall not exceed the
lesser of (1) the then outstanding insured principal amount of the
mortgage multiplied by the per centum of such outstanding amount insured
by the agency and a per centum of the mortgagee's cost arising from the
default, inclusive of public liens and delinquent and unpaid interest,
all as the agency may from time to time allow, which per centum shall
not exceed the per centum of the outstanding principal indebtedness
insured by the agency or (2) the insured amount of the mortgage at the
date of execution of the insurance contract or its latest amendment, if
any, except that the agency shall pay the greater of the two amounts on
claims by a public employee pension fund, or by a public benefit
corporation derived from the sale of notes or bonds issued by said
corporation, provided that no more than the actual loss suffered by such
public employee pension fund or public benefit corporation shall be
paid. Such payment may be made by the agency in a lump sum, or in
partial payments made within such period of time as may be agreed to
between the agency and the mortgagee, all in accordance with procedures
to be established by the agency.

2. The agency shall establish, by contract or otherwise, procedures to
be followed with respect to development corporation credit support for
which the development corporation credit support account has been
determined by the agency to be a source or potential source of payment.