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Mortgage Foreclosure in New York: Encyclopedias

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.

Encyclopedias

Carmody-Wait 2d, Thomson West

KFN 5995 .C342 (Gould Law Library - second floor) (also available on Westlaw)

This is a hardcover set, updated with annual pocket parts.  Each chapter starts out with “Research References” including “Westlaw Databases” which has a listing of databases most likely to be productive in researching the topic of that chapter.  Each individual section also has “Research References” although more limited in scope, typically just Key Number references.  The text is heavily footnoted to both cases and statutes.  In addition to text treatment of topics, there are a limited number of forms set forth.  Foreclosure appears in Volumes 14A and 15.  At the end of Vol. 15 there are:  Table of Laws and Rules, Key Digest Table, and an Index.  Search tools for the entire set include: General Index, Index to Forms, Table of Cases, and Words and Phrases.  All of these are multi-volume paperbacks which are republished annually.

New York Jurisprudence 2d, West Thomson Reuters

KFN 5065 .N48 (Gould Law Library - second floor) (also available on Westlaw and Lexis-Nexis) 

A hardcover publication, updated with annual pocket parts.  Like Carmody -Wait there are more extensive references at chapter beginnings, with just Key Number references at section starts.  The text is heavily footnoted to statutes and cases.  There are no forms.   Coverage begins in Volume 78 with “XVI.  Enforcement of Mortgage Debt or Mortgage, In General.” and continues into Volume 79 with “XXI.   Foreclosure of Trust Mortgages.”   At the end of Vol. 79 there are: Table of Laws and Rules, Key Number Table, and an Index.  Search tools for the entire set are: General Index, Table of Cases, Words and Phrases, Table of Laws and Rules,   New York Court Rules, and a Desk Book.  This source is one of the finest sources for general research in New York law.  The extensive annotations will lead the researcher to primary law sources quickly and easily.

Corpus Juris Secundum, West Thomson

KF 154 .C67 (Gould Law Library - Reference area) (also available on Westlaw)

The “big brother” of N.Y. Jur 2d with much the same format and features.  A hardcover, with annual pocket parts, it contains no forms and is heavily footnoted.  Mortgage foreclosure coverage is in volumes 59 and 59A.  One thing the researcher should be aware of is that the spines on the current books are wrong.  The spine on Vol. 59 indicates that it contains sections 1 to 620, and the spine on 59A indicates it contains 621 to end.  In reality 59 contains 1 to 758 and 59A contains 786 to end.

American Jurisprudence 2d, West Thomson Reuters

KF 154 .A 42 (Gould Law Library - Reference area) (also available on Westlaw and Lexis-Nexis) 

The other national legal encyclopedia.  Its format and content are similar to C.J.S. and N.Y. Jur.  Coverage of mortgages is in volumes 54A and 55.  However, the coverage of foreclosure is in volume 55, section 278 - end.  Volume 55 has recently been recompiled, so there is no pocket part.  In the title pages, before the Summary of Contents, there is a “Westlaw Electronic Research Guide,” appearing on page v.