• Codes
  • Features

    Features Overview

    Go to features
    Reference

    Reference.

    A reliable and up-to-date source of codes.
    Research

    Research.

    Rapidly and efficiently calculate project parameters.
    Collaboration

    Collaboration.

    Get everyone on the same page and streamline code research.
    Workflows
    Architects
    Architects
    General Contractors
    General Contractors
    Building Official & Plans Examiners
    Building Official & Plans Examiners
    Inspectors
    Inspectors
    Owners
    Owners
    Subcontractors
    Subcontractors
    Code Consultants
    Code Consultants
  • Pricing
  • Login
  • Sign Up
Sign Up
Login
  • Code Library
  • Features
  • Pricing
  • About
  • Careers
  • Help
  • Contact
  • Terms
  • Privacy
Sign Up
Upgrade to Premium
Code calculators: Code Calculators automatically generates a detailed list of requirements.
REFERENCE
Amendment Styling
Industry-leading search
Code diagrams
RESEARCH
Code calculators
Filter by topic
Code compare
Code sheet exports
COLLABORATION
Team projects
Bookmarks
Comments
START 2 WEEK FREE TRIAL
Have an account? Sign in
// CODE SNIPPET

§27-2109.1 Notice by a Mortgagee Commencing an Action to Foreclose a Mortgage on Residential Real Property

§27 ‒ Housing Maintenance Code > 4 Administration > 2 Registration > §27-2109 Voluntary Registration of Mortgagees and Lienors > §27-2109.1 Notice by a Mortgagee Commencing an Action to Foreclose a Mortgage on Residential Real Property
JUMP TO FULL CODE CHAPTER
   (a)   1.   Any mortgagee that commences an action in a court of competent jurisdiction in the state of New York to foreclose a mortgage on residential real property within the city of New York shall provide notice to the department, in a form prescribed by the department, within fifteen days of service of the pleadings commencing such action. If such action was commenced before the effective date of the local law that added this section, and remains pending as of such effective date, notification shall be provided within thirty days of such effective date, provided, however, that no notice shall be required for actions commenced prior to February 13, 2010, regardless of whether such action remains pending as of such effective date. Such notice shall include, but need not be limited to, the following information: (i) the name of the mortgagee plaintiff commencing such action and the mailing address, telephone number and e-mail address of such mortgagee plaintiff, and, when applicable, the name of a principal or corporate officer of such mortgagee plaintiff, and the mailing address, telephone number and e-mail address of such principal or corporate officer; (ii) the name of the defendant in such action; (iii) the identification of such residential real property by street address and block and lot number, (iv) the date of the commencement of such action, (v) the court in which such action was commenced, and (vi) such other information as the department may require by rule. For the purposes of this section, "mortgagee" shall mean any person that commences an action to foreclose a mortgage on residential real property including, but not limited to, a lender, assignee or mortgage loan service provider that commences such an action.
      2.   A mortgagee shall notify the department within fifteen days of the discontinuance of an action for which notice pursuant to paragraph one of this subdivision has been received by the department, the issuance of a judgment in such action, or the sale of the real property as a result of such action.
      3.   The department shall maintain on its website a list of all properties with twenty or more units, identified by block and lot number along with the name, mailing address and telephone number of the mortgagee plaintiff and the name of the defendant for which notice pursuant to paragraph one of this subdivision has been received. Such list shall be updated at a minimum on the first business day of each month. The department shall report on its website each three months: (i) the total number of foreclosure actions commenced during the immediately preceding three months for which notice pursuant to paragraph one of this subdivision has been received by the department, disaggregated by community district; and (ii) the total number of foreclosure actions pending, for which notice pursuant to paragraphs one and two of this subdivision has been received by the department, disaggregated by community district. The department shall provide the information provided to it pursuant to paragraphs one and two of this subdivision to one or more agencies for which the department determines that such information furthers such agency or agencies' duties, including but not limited to the enforcement of section 28-210.1 of this code or related provisions, and to any other city agency upon request by such agency.
   b.   Any mortgagee who fails to notify the department in accordance with subdivision a of this section shall be liable for a civil penalty enforceable by the department. Such civil penalty shall not exceed one thousand dollars for each week that there is a failure to notify. The failure to notify shall not be deemed to affect in any way any pending legal proceeding related to such residential real property.
   c.   The provisions of this section shall not apply to any foreclosure actions brought by a governmental entity.

Related Code Sections


105.5 Administration, Foundation and Earthwork Permits
by the city, together with consent in writing of the mortgagee, if there is a mortgage upon the property, and the consent in writing of the surrogate's court ...
NYC Building Code 2008 > 1 Administration > 105 Permits > 105.5 Foundation and Earthwork Permits
105.5 Administration, Foundation and Earthwork Permits
by the city, together with consent in writing of the mortgagee, if there is a mortgage upon the property, and the consent in writing of the surrogate's ...
NYC Building Code 2014 > 1 Administration > 105 Permits > 105.5 Foundation and Earthwork Permits
106.5 Administration, Foundation and Earthwork Permits
by the city, together with consent in writing of the mortgagee, if there is a mortgage upon the property, and the consent in writing of the surrogate's ...
NYC Building Code 2022 > 1 Administration > 106 Permits > 106.5 Foundation and Earthwork Permits
§28-204.6 Enforcement, Tax Lien
No such challenge may be made except by the owner of the property or a mortgagee or lienor whose mortgage or lien would ...
NYC General Admin. Provisions 2008 > 2 Enforcement > 204 Environmental Control Board > §28-204.6 Tax Lien
§28-112.9 Administration, Lien on Premises for Unpaid Fee or Other Charge
thirteen hundred fifty-four of the real property actions and proceedings law ...
NYC General Admin. Provisions 2008 > 1 Administration > 112 Fees > §28-112.9 Lien on Premises for Unpaid Fee or Other Charge
Help Contact Us Privacy Terms
Shared projects
Shared projects
Projects provide a dedicated space to collaborate on code research.
Code Calculators
Code Calculators
Code calculators automatically generate a detailed list of requirements.
Code sheet exports
Code sheet exports
Generate a code sheet that integrates with your drawing set.
Code Compare
Code Compare
Highlight differences between any two building codes.
Code diagrams
Code diagrams
Unpack the code through illustrations and descriptions.
Search
Search
Don't miss relevant code. Quickly locate sections across your jurisdiction.
UpCodes Premium
Leverage the most sophisticated code compliance platform.
VISIT PRICING
UpCodes Premium
Leverage the full code compliance platform.
START 2 WEEK FREE TRIAL PRICING