New York Laws
Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies
75.29 - Foreclosures and Judgments.

(a) In any foreclosure action the commissioner shall be made a party
defendant. He shall take all steps necessary to protect the interests of
the public therein and no costs shall be awarded against him.
Foreclosures shall not be decreed unless the court to which application
is made shall be satisfied that the interests of the lienholder or
holders cannot be adequately assured except by the sale of the property.
In any such proceeding, the court shall be authorized to appoint the
commissioner as receiver of the property, or to grant such other and
further relief as may be reasonable and proper.
(b) Notwithstanding the foregoing provisions of this section, wherever
it shall appear that the New York state housing finance agency shall
have loaned on a mortgage which is a first lien upon any such property,
such New York state housing finance agency shall have all the remedies
available to a mortgagee under the laws of the state of New York, free
from any restrictions contained in this section, except that the
commissioner shall be made a party defendant and that the commissioner
shall take all steps necessary to protect the interests of the public
and no costs shall be awarded against him.
(c) In the event of a judgment against a company in any action not
pertaining to the collection of a mortgage indebtedness, there shall be
no sale of any of the real property of such company except upon sixty
days' written notice to the commissioner and the New York state housing
finance agency. Upon receipt of such notice the commissioner and the
agency shall take such steps as in their judgment may be necessary to
protect the rights of all parties.