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Mortgage Foreclosure in New York: Statutes

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.

Overview

The problem of statutes is a complex one.  In Bergman on New York Mortgage Foreclosures, if we turn to his Table of Statutes, we find he begins with Banking Law and concludes with the UCC with eighteen laws in between (Laws, not sections) plus NY regulations, and federal laws and federal regulations.  In Mortgages and Mortgage Foreclosure in New York, the Table begins with Abandoned Property Law and concludes with Town Law, with thirty-three laws in between, again not counting federal laws and regulations and NYS regulations.  Obviously, the possibilities are numerous as to which laws will govern in any particular situation.  The practical solution is to limit our look to the basic governing statute, RPAPL Article 13.  What we say about the sets containing Art. 13 will hold true for Banking Law, Abandoned Property Law, Town Law and the UCC and all those laws in between. 

The real value of West's Mckinney's and CLS are the "editorial enhancements"; those features other than the basic statute which the publisher adds.  Practice Commentaries, Research References, and Notes of Decisions enable the researcher to search more efficiently. 

To view only the basic statute, there are other places.  The Lexis-Nexis Bluebook is an annual paperback of New York Property Law.  And for cost effective research, go to the New York State website (just Yahoo or Google "New York State").  All the statutes are there.  However, unless you just need to see the statute to get a quote, you probably will miss the editorial enhancements.

 

Statutes

McKinney’s Consolidated Laws of New York Annotated, West Thomson

KFN 5030 1939 .A23 (Gould Law Library - second floor) (also available on Westlaw and Lexis-Nexis) 

The set contains hardcover main volumes with pocket parts issued annually.  The Real Property Actions and Proceedings Law (RPAPL) are in volumes 49 ½.  Article 13 is “Action to Foreclose a Mortgage.”  The format is: it begins with the statue itself, followed by “Historical and Statutory Notes”, and followed by “Practice Commentaries” by Rudolph de Winter and Larry M. Loeb.  There are then numerous references to further the research, and finally “Notes of Decision”.   There are no forms.  Forms appear in a separate set, West’s McKinney’s Forms.  The research references and decisions found in the notes of decision are plentiful.

New York Consolidated Laws Service, Lexis-Nexis

KFN 5030 1976 .A24 (Gould Law Library - second floor) (also available on Westlaw and Lexis-Nexis) 

Like McKinney’s this set is hardcover with an annual pocket part.   The RPAPL is in volumes 27A and foreclosure is in the volume with sections 1100 to end.  The format is similar to McKinney’s.  The statute is set forth.  Then, instead of Practice Commentaries, CLS has “Insight” and “Analysis”.  References are more limited and there are fewer case in Case Notes.  Instead of a separate forms set, CLS has the forms in the statute set, with the form appearing in the section of the governing statute.