§ 1302. Foreclosure of certain residential mortgages. 1. Any complaint
served in a proceeding initiated on a residential mortgage covering a
one to four family dwelling pursuant to this article must contain an
affirmative allegation that at the time the proceeding is commenced, the
plaintiff:

(a) is the owner and holder of the subject mortgage and note, or has
been delegated the authority to institute a mortgage foreclosure action
by the owner and holder of the subject mortgage and note; and

(b) has complied with all of the provisions of section five hundred
ninety-five-a of the banking law and any rules and regulations
promulgated thereunder, and section six-l or six-m of the banking law,
for loans governed by section six-l or six-m of the banking law, and
section thirteen hundred four of this article for all residential
mortgage loans covering a one to four family dwelling.

2. It shall be a defense to an action to foreclose a mortgage that the
terms of the home loan or the actions of the lender violate any
provision of section six-l or six-m of the banking law or section
thirteen hundred four of this article, for loans governed by these
provisions.