§ 1301 Separate Action for Mortgage Debt
§ 1302 Foreclosure of Certain Residential Mortgages
§ 1302-A Defense of Lack of Standing; Not Waived
§ 1303 Foreclosures; Required Notices
§ 1304 Required Prior Notices
§ 1305 Notice to Tenants
§ 1306 Filing With Superintendent
§ 1307 Duty to Maintain Foreclosed Property
§ 1308 Inspecting, Securing and Maintaining Vacant and Abandoned Residential Real Property
§ 1309 Expedited Application for Judgment of Foreclosure and Sale for Vacant and Abandoned Property
§ 1310 Vacant and Abandoned Property; Statewide Vacant and Abandoned Property Electronic Registry
§ 1311 Necessary Defendants
§ 1312 Representative Defendants
§ 1313 Permissible Defendants
§ 1315 Action by Owner of Junior Participating Interest
§ 1320 Special Summons Requirement in Private Residence Cases
§ 1321 Default or Admission
§ 1325 Receiver
§ 1331 Notice of Pendency
§ 1341 Payment Into Court of Amount Due
§ 1351 Judgment of Sale
§ 1352 Judgment Foreclosing Right of Redemption
§ 1353 Conveyance
§ 1354 Distribution of Proceeds of Sale
§ 1355 Report of Sale; Confirmation
§ 1361 Application for Surplus; Reference
§ 1362 Payment of Surplus Out of Court
§ 1371 Deficiency Judgment
§ 1391 Proceeding for Share of Unknown Heirs
§ 1392 Foreclosure Actions Involving Abandoned Properties

Terms Used In New York Laws > Real Property Actions and Proceedings > Article 13 - Action to Foreclose a Mortgage

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dower: A widow
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Executor: A male person named in a will to carry out the decedent
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.