Skip to main content

Mortgage Foreclosure in New York: Treatises

This guide will help the researcher access mortgage foreclosure information as quickly and efficiently as possible. It includes a variety of resources including information on forms, statutes, case law, treatises, articles and more.

New York Works

New York Lawyer’s Deskbook, New York State Bar Association

Ref   KFN   5077 .N353 (Gould Law Library - first floor, Reference)

This is a three volume looseleaf set.  In Volume 2, Chapter 16, by Francis J. Smith, is Mortgage Foreclosures.  There are no forms; they appear in a companion set.   It offers a brief, yet authoritative, overview of the field.  There is a Table of Cases and Table of Statutes at the end of the chapter.

General Practice in New York, Robert L. Ostertag and Hon. James D. Benson, Editors in Chief, West Thomson

KFN 5081 .087 1998 (Gould Law Library - second floor) (also available on Westlaw)

A part of West’s New York Practice Series.  It is a hardcover, with pocket parts.  In Volume 21, Chapter 11 Mortgage Foreclosure by Robert A. Wolf and Suzanne M. Berger, in addition to the expected text, we find forms and very useful “Drafting Checklists”.  It takes you from the initial client interview to eviction of tenants after the sale.  At the beginning of the volume there is a seven page “Westlaw Electronic Research Guide” which will help the researcher move on toWestlaw should they feel the need to do so.

Real Property Service New York, West Group

KFN 5140 .A6 R43 (Gould Law Library - second floor)

In Volume 4, we find the following chapters: 38 - Alternatives to Foreclosure, 39 - Foreclosure, 40 - Defense Against Foreclosure, and 41 - Redemption of Mortgage.  The chapter has a main text section with checklists and forms.  It is a looseleaf volume, but instead of individual pages being looseleaf, the individual chapters are pamphlets.

New York Law and Practice of Real Property, 2nd edition, Joseph Rasch,  part of the New York Practice Library, Thomson

KFN 5140 .R38 (Gould Law Library - second floor) (also available on Westlaw)

A hardcover set with pocket parts.  In Volume 3, we find: Chapter 41 - Foreclosure of Mortgage by Action and Sale, Chapter 42 - Strict Foreclosure, and Chapter 43 - Foreclosure of Mortgage by Advertisement. Volume 3 also contains search tools, a Table of Cases, Table of Statutes and an Index. 

Warren’s Weed New York Real Property, 5th edition, LexisNexis

KFN 5140 .W42 (Gould Law Library - second floor) (also available on Lexis-Nexis)    

A looseleaf set.  In Volume 9, Chapter 96 is Mortgage Foreclosure.  It is a comprehensive text, but there are no forms or checklists.

Mortgages and Mortgage Foreclosure in New York, rev. ed., D. Kirk Drussel and Mary Anne Foran, West Group

KFN 5175 .D 78 (Gould Law Library - second floor) (also available on Westlaw)

A two-volume looseleaf set.  It contains both text and forms, with the forms appearing in the chapter they are relevant to, rather than collected at the end of the work.  Volume 2 contains the standard search tools: Table of Laws and Rules, Table of Cases, and an Index.  Along with Bergman below, one of the best resources available in the field.

Bergman on New York Mortgage Foreclosures, Matthew Bender, LexisNexis

KFN 5177 .F6 B47 1996 (Gould Law Library - second floor) (also available on Lexis-Nexis)  

A three-volume looseleaf set.  It has forms within the chapters and on a CD.  Volume 3 contains Table of Cases, Table of Statutes, and an Index.  Along with the Drussel and Foran book above, one of the best in the field.

Handling Your First Foreclosure, PLI, Part of the PLI’s Course Handbook Series

KFN 5177 .F6 H 3 1997 (Gould Law Library - second floor)

Pages 1 -163 are text, pages 167 - 382 are forms.  It was written to go with the program.  There are no supplements or updates.  There are no search tools, Table of Cases, Table of Statutes, or Index.

Real Estate Workouts and Foreclosures, Real Property Law Section of NYSBA

KFN 5177 .F6 R4 1989 (Gould Law Library - second floor)

A course book (no tables or index) to go with their CLE program.  It is mostly text with some forms set forth.

General Jurisdiction Works

Powell on Real Property, Lexis-Nexis

KF 570 .P 57 (Gould Law Library - first floor) (also available on Lexis-Nexis)  

A Lexis looseleaf set.  Chapter 37 Mortgages and Mortgage Foreclosures appear in Volume 4.  There are no forms in this set.  Volume 16 contains an Index and Volume 17 contains a Table of Cases.

Thompson on Real Property, 2nd ed.,  David A. Thomas, Editor-in-Chief,  LexisNexis

KF 570 .T 56 1998 (Gould Law Library - first floor) (also available on Lexis-Nexis)  

Foreclosure appears in Volume 12.  There is a Table of Cases in Volume 14 and an Index in Volume 15.  Many of the works we have seen give a guide to electronic research in the front pages, and often suggest appropriate data bases to use.  Thompson takes it to the next step.  Each individual sub-section sets forth a suggested Lexis search.  Thus, 101.04(a) Strict Foreclosure concludes with the line: “Lexis: mortgage /15 strict! /5 foreclos!”

Real Estate Finance Law, 4th ed., Grant S. Nelson and Dale A. Whitman

KF 695 .N 45 2002 (Gould Law Library- first floor) (also available on Westlaw)

Part of the Practitioner Treatise Series.  A two volume hardcover supplemented with pocket parts.  Chapter 7 is Foreclosure.  In the second volume there is an appendix from page 739 to 752 on “Researching Real Estate Finance Law on Westlaw”.  There is also a Table of Cases and an Index in that volume.

Restatement of the Law Third Property (Mortgages), The American Law Institute

KF 695. R49 1997 (Gould Law Library - first floor) (also available on Westlaw, Lexis-Nexis and HeinOnline)  

As a Restatement it is authoritative.  Its contents will be of interest to both the litigator and the scholarly writer.  Chapter 8 deals with foreclosure.  At the end of the volume one finds: Table of Cases, Table of Statutes, Table of Cross References to Digest System Key Numbers and ALR Annotations, and an Index.

Real Estate Finance in a Nutshell, Jon W. Bruce, Thomson West

KF 695 Z9 B 78 2009 (Gould Law Library - first floor) (also available on Westlaw)

A one-volume paperback and student favorite which provides a quick overview of the subject.  Chapter 10 is foreclosure.  There is a Table of Cases at the beginning of the volume and a Table of Secondary Authorities and an Index at the end. 

Foreclosure Law and Related Remedies, a State-by-State Digest, Sidney A. Keyles, editor, Section of Real Property, Probate and Trust Law of the ABA

KF 697 .F6 F67 1995 (Gould Law Library - first floor)

Just what it says, a very brief state-by-state look at foreclosure.  New York appears on pages 404 - 415.

Google Books Search