1. The Laws of New York
  2. Consolidated Laws
  3. Real Property Actions & Proceedings
  4. Article 13: Action to Foreclose a Mortgage


Section 1320 Special summons requirement in private residence cases

Real Property Actions & Proceedings (RPA)

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.