N.Y. CPLR § 3012-B

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3012-B Certificate of merit in certain residential foreclosureactions § 3012-b. Certificate of merit in certain residential foreclosureactions. (a) In any residential foreclosure action involving a homeloan, as such term is defined in section thirteen hundred four of thereal property actions and proceedings law, in which the defendant is aresident of the property which is subject to foreclosure, the complaintshall be accompanied by a certificate, signed by the attorney for theplaintiff, certifying that the attorney has reviewed the facts of thecase and that, based on consultation with representatives of theplaintiff identified in the certificate and the attorney's review ofpertinent documents, including the mortgage, security agreement and noteor bond underlying the mortgage executed by defendant and allinstruments of assignment, if any, and any other instrument ofindebtedness including any modification, extension, and consolidation,to the best of such attorney's knowledge, information and belief thereis a reasonable basis for the commencement of such action and that theplaintiff is currently the creditor entitled to enforce rights undersuch documents. If not attached to the summons and complaint in theaction, a copy of the mortgage, security agreement and note or bondunderlying the mortgage executed by defendant and all instruments ofassignment, if any, and any other instrument of indebtedness includingany modification, extension, and consolidation shall be attached to thecertificate.(b) Where a certificate is required pursuant to this section, a singlecertificate shall be filed for each action even if more than onedefendant has been named in the complaint or is subsequently named.(c) Where the documents required under subdivision (a) are notattached to the be filed for each action even if more than onedefendant has been named in the complaint or is subsequently named.(c) Where the documents required under subdivision (a) are notattached to the summons and complaint or to the certificate, theattorney for the plaintiff shall attach to the certificate supplementalaffidavits by such attorney or representative of plaintiff attestingthat such documents are lost whether by destruction, theft or otherwise.Nothing herein shall replace or abrogate plaintiff's obligations as setforth in the New York uniform commercial code.(d) The provisions of subdivision (d) of rule 3015 of this articleshall not be applicable to a defendant who is not represented by anattorney.(e) If a plaintiff willfully fails to provide copies of the papers anddocuments as required by subdivision (a) of this section and the courtfinds, upon the motion of any party or on its own motion on notice tothe parties, that such papers and documents ought to have been provided,the court may dismiss the complaint or make such final or conditionalorder with regard to such failure as is just including but not limitedto denial of the accrual of any interest, costs, attorneys' fees andother fees, relating to the underlying mortgage debt. Any such dismissalshall be without prejudice and shall not be on the merits.