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Mortgage Foreclosure in New York: Forms

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

West’s McKinney’s Forms Real Property Practice RPP, Hon. Robert F. Dolan, Thomson West

KFN 5068 .M 3 (Gould Law Library - second floor) (also available on Westlaw)

Hardcover, with annual pocket parts.  Chapter 17 Mortgage Foreclosures is the entire content of Volume 12B.  There are forms and text, with the form immediately following the relevant text section.  There is a paperback Tables & Index Pamphlet which is republished annually.  It contains a Table of Laws and Rules, a Table of Cases and an Index.  This is the companion set to McKinney’s Statutes.

New York Lawyer’s Formbook, sponsored by the General Practice Section of the NYSBA

KFN 5068 .N 49 (Gould Law Library - second floor)

A four volume looseleaf set.  Volume 2, Chapter 14 contains forms for mortgage foreclosure.  This forms chapter is by the same author, Francis J. Smith, who wrote the text section in the companion set to this, the New York Lawyer’s Deskbook.

Steinman’s Bergerman & Roth New York Real Property Forms Annotated, Matthew Bender, Lexis-Nexis

KFN 5140 .A65 B 4 (Gould Law Library - second floor) (also available on Lexis-Nexis)  

A nine-volume looseleaf set.  Chapter 14 in Volume 5 is Foreclosure of Mortgages.  Although there are checklists and some comments on the use of the forms, this is more of a “pure” forms book.  It does not have text sections.  Volume 9 has a Table of Checklists, Table of Statutes, and an Index.

Mortgage Foreclosures, Francis J. Smith, published by the NYSBA as a part of the New York Practice Monograph Series

KFN   5177 .F6 B 384 (Gould Law Library - second floor)

This is a brief book, 34 pages of text and 38 pages of forms.  There is a Table of Authorities which is divided into “Cases” and “Statutes, Rules & Regulations”.  No index.  This is an annual publication.  The Library has past issues back to #2002.

Bender’s Forms for the Civil Practice, Frumer, Warren & O’Connell, Matthew Bender, Lexis-Nexis

KFN 5995 .A 65 B 4 (Gould Law Library - second floor) (also available on Lexis-Nexis)

A looseleaf.   Volume 18 RPAPL contains Articles 9 - 13.  There is some text, usually at the beginning of a chapter, and some of the forms have comments as to their use.

Bender’s Forms of Pleading of the State of New York, Matthew Bender, Lexis-Nexis 

KFN 6010.A65 B45 (Gould Law Library - second floor) (also available on Lexis-Nexis)

A looseleaf set.  Section 326 “Mortgage Foreclosure” appears in Volume 18 “Complaints in Statutory Actions.”  Section 483 “Defenses in Actions to Foreclose Mortgage” appears in Volume 24 “Defense Pleadings Answers.”  Volume 28 has an Index and Table of Statutes.  Like the other Bender’s sets discussed above, this is forms set with minimal commentary.

General Jurisdiction Works

American Jurisprudence Legal Forms, 2d ed., Thomson West 

KF 170 .A 542 (Gould Law Library - first floor)(also available on Westlaw)

A hardcover supplemented with annual pocket parts.  Volume 13 B Mortgage and Trust Deeds, the sections “Enforcement; Foreclosure runs from 179:518 to 179:554 inclusive.  There is no text, although some of the forms have Notes after them.  There is an eight page Westlaw guide.  The volume contains an Index.

West’s Legal Forms, 4th ed., Gerry W. Beyer, Thomson West

KF 170 .L 53 (Gould Law Library - first floor) (also available on Westlaw)

A hardcover with annual pocket parts.  Volume 19A. Real Estate Transactions, Chapter 44 Foreclosure Documents contains an introductory text and eight forms.  It is covered in 11 pages.    

American Jurisprudence Pleading and Practice Forms Annotated, Revised, West Group

KF 8836 .A45 (Gould Law Library - second floor) (also available on Westlaw)

A hardcover with annual pocket parts.  Volume 18 covers mortgages and foreclosure.  The volume contains an Index.  There are “Introductory comments”, “Annotation references”, “Reminders”, and Notes to Form.”