United States of America level NewYork level Residential and refinance mortgage laws in New York
Mortgage Laws

Laws regarding mortgage at New York are worthy of consideration by anyone thinking of taking a plunge into the mortgage industry there. The following updated information throws light on the important aspects on this.

  • The mortgage lenders are required to provide a satisfaction and some mortgage related documents in accordance with Section 274 and 275 of New York State Real Property Law (RPL) and under Section 1921 of New York State Real Property Actions and Proceedings Law (RPAPL).

  • The State of New York City's Housing and Neighborhood 2004 (Part IV) documents New York's housing and social conditions. It encompasses each of the 5 boroughs and for either the 59 community districts or the 55 sub-borough areas. One of the chapters of this fourth section (i.e. Part IV) deals with Mortgage Lending. It provides a picture of lending activity for home purchases and home refinance in the city, including measures of sub prime lending. Another chapter deals with Mortgage Foreclosures by presenting information on the filing of notices of foreclosure actions and title transfers following these filings.

  • Since July 7, 1998 a new foreclosure remedy has become available. This is the non-judicial foreclosure by power of sale. This serves as an alternative to the judicial foreclosure in cases where it is applicable. Earlier judicial foreclosure had been the only means to foreclose a mortgage holding back real property in New York.

  • Foreclosure of a mortgage in New York with minimum judicial involvement is facilitated by non-judicial foreclosure. Moreover, non-judicial foreclosure is accompanied by an accelerated schedule estimated to be 4-6 months which is quite contrary to the 1-2 year time schedule as required for judicial foreclosure. Action by the court is needed to obtain a receiver or deficiency judgment in case of uncontested non-judicial foreclosure. Other than this neither of the following is needed:
    • A judgment of foreclosure
    • Computation by referee
    • Other judicial action

The prior condition to be satisfied for non-judicial foreclosure is that the mortgage document has to contain a provision giving permission for the sale of the property mortgaged in case of default.


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