§ 1306. Filing with superintendent. 1. Each lender, assignee or
mortgage loan servicer shall file with the superintendent of financial
services (superintendent) within three business days of the mailing of
the notice required by subdivision one of section thirteen hundred four
of this article or subsection (f) of section 9-611 of the uniform
commercial code the information required by subdivision two of this
section. Notwithstanding any other provision of the laws of this state,
this filing shall be made electronically as provided for in subdivision
three of this section. Any complaint served in a proceeding initiated
pursuant to this article shall contain, as a condition precedent to such
proceeding, an affirmative allegation that at the time the proceeding is
commenced, the plaintiff has complied with the provisions of this
section.

2. Each filing delivered to the superintendent shall be on such form
as the superintendent shall prescribe, and shall include at a minimum,
the name, address, last known telephone number of the borrower, and the
amount claimed as due and owing on the mortgage, and such other
information as will enable the superintendent to ascertain the type of
loan at issue. The superintendent may subsequently request such readily
available information as may be reasonably necessary to facilitate a
review of whether the borrower might benefit from counseling or other
foreclosure prevention services.

3. Within one hundred eighty days of the effective date of this
section, or such later time as the superintendent may determine, the
superintendent shall develop with the assistance of the commissioner of
the division of housing and community renewal, an electronic database
that shall be capable of receiving all filings required by this section.

4. The information provided to the superintendent pursuant to this
section shall not be subject to article six of the public officers law
or paragraphs (a), (c) and (d) of subdivision one or subdivision six of
section ninety-four of the public officers law. All such information
shall be used by the superintendent exclusively for the purposes of
monitoring on a statewide basis the extent of foreclosure filings within
this state, to perform an analysis of loan types which were the subject
of a pre-foreclosure notice and directing as appropriate available
public and private foreclosure prevention and counseling services to
borrowers at risk of foreclosure. The superintendent may share
information contained in the database with housing counseling agencies
designated by the division of housing and community renewal as well as
with other state agencies with jurisdiction over housing, for the
purpose of coordinating or securing help for borrowers at risk of
foreclosure.

5. The superintendent is hereby authorized to promulgate such rules
and regulations as shall be necessary to implement the purposes of this
section.